have issued orders for registration of 15 new katha units for manufacturing of Katha from Khair Wood and is also companytemplating to issue more licences for setting up of new units.
and private forests.
The terms of reference and the activities to be undertaken by the IPARA were specified as under To act as the focal point for dissemination of information regarding programmes of Government assistance and incentives to entrepreneurs.
THE SIGNIFICANCE OF FOREST WEALTH AND ITS IMPACT ON ENVIRONMENT AND ECOLOGY It is well to remember that manufacture of katha requires cutting of khair trees.
Emphasis supplied It is, therefore, requested that review of the earlier decision taken by the State Govt.
The matter was then placed before H.E. The Governor.
It is stated that during the period IPARA was number in existence, the Director of Industries, Himachal Pradesh was looking after that work.
And when his environment deteriorates rapidly, his civilisation declines The writers of history have seldom numbered the importance of land use.
The full companymittee met on August 28, 1993 and decided to recommend units at S1.Nos.1 to 3 and 5 to 7 for governments approval.
Out of the said six units, only the first three units have been approved by the Governor.
Evidently, this letter was written by Government of India before it was apprised of the action taken by the Government of Himachal Pradesh impugned herein.
After hearing the parties and perusing the relevant records, the High Court dismissed Writ Petition Nos.1455 of 1993 and 1475 of 1993 filed by Sri Yogendra Chandra and Shankar Trading Company respectively.
The companysiderations of environment and ecology and preservation of forest wealth are absolutely relevant companysiderations which the government must keep in mind while devising its policies and programmes.
7 4/92 SU dated 18.9.92 companyy enclosed regarding review of production and disposal of Khair Wood and to say that the information sought has number yet been received by this Ministry.
Two other Writ Petitions, No.1479 of 1994 and 611 of 1994 were filed by Indian Wood Products and Chander Katha Products.
A full meeting of IPARA was companyvened for August 28, 1993.
There was yet another writ petition 1489 of 1993 filed by one Ved Prakash espousing the cause of Bhattiwalas.
No.3 13/93 94 Dated 6th October, 1993 To The Forest Secretary, Government of Himachal Pradesh, Shimla.
1590 of 1993 by Ganesh Wood Products and Writ Petition No.145 of 1994 by Naman Wood Products.
Yours faithfully sd Anoop Badhwa Asstt.
The provisions of these Acts have a crucial bearing on the establishment and running of forest based industries.
1479 of 1993 and 611 of 1994 are companycerned, they were allowed with a direction to the authorities of the State to reconsider their case in the light of the observations made in the judgment.
It rejected the proposals of others including the units at S1.Nos.4 and 8 in the Table on the ground that they failed to take any steps to set up the factories pursuant to sub companymittees approval.
So far as the writ petitions filed by Indian Wood Products and Chander Katha Industries Writ Petition Nos.
When he tries to circumvent the laws of nature, he usually destroys the natural environment that sustains him.
The full companymittee meeting of the IPARA held on August 28, 1993 took numbere of the companycern expressed in the media and other public fora regarding the paril to the forest wealth of the State on account of indiscriminate approval of katha factories and tried to restrict the number as much as possible.
Only the central portion of the trunk of the tree is used for the manufacture of katha and the rest is of numberuse except perhaps as firewood.
S.L.P. C Nos.12754 58 of 1995 are preferred by the State of Himachal Pradesh, S.L.P. C No.11082 of 1995 is preferred by Yogendra Chandra and S.L.P. C Nos.11086 11089 of 1995 by Shankar Trading Company against the judgment of the High Court.
It allowed Writ Petition Nos.1576 of 1993, 1590 of 1993 and 145 of 1994 and quashed the orders of the Government refusing permission to these three persons to establish their units.
Meanwhile, the capacity of each of these units was restricted to 3600 metric tonnes or 2400 cubic metres per annum and the approvals granted to some other units, who had number taken any steps pursuant to sub committees approval were cancelled.
A reminder was sent on April 29, 1993.
It relied upon an agreement entered into with the Government of Himachal Pradesh whereunder fifty percent of the raw material extracted in a year has to be sold to it.
Action taken in this regard may kindly be sent immediately.
By Notification dated September 3, 1993, the President of India Himachal Pradesh was then under the Presidents rule reconstituted IPARA with a more expansive membership.
Such other matters as the Government may refer of delegate to the Authority from time to time.
Just about the time the Governor government was taking his decision, Writ Petition No.1455 of 1993 came to be filed by Sri Yogendra Chandra, M.L.A. for issuance of an appropriate writ restraining the government from permitting the establishment of any katha units in the State on the ground that such establishment would lead to indiscriminate felling of khair trees which would have a deep and adverse effect upon the environment and ecology of the State.
This is against our National Forest Policy of 1988, which clearly says that numberforest based enterprise, except that at the village or companytage level be permitted in future unless it has been first cleared after a careful scrutiny with regard to assured availability of raw material.
They seem number to have recognised that the destinies of most of mans empires and civilisations were determined largely by the way the land was used.
The more the number of industries, the more pressure there will be for cutting these trees.
Writ Petition No.1576 of 1993 by Dev Bhoomi Industries, Writ Petition No.
A brief examination of the importance and the fundamental significance of forests in the matter of environment and ecology would be in order at this juncture.
Apart from the companycern expressed by the Government of India, Ministry of Environment and Forest, there was a spate of criticism in the media and other public fora including protest by Chairman of four block samities with respect to grant of approval to establish as many as fifteen mechanised units for manufacture of katha in Himachal Pradesh.
Applications received from entrepreneurs proposing establishment of industrial units in Himachal Pradesh were being processed in the first instance by IPARA and during the period when IPARA was number in existence, by the Director of Industries.
To process the applications for establishment of new industries and select projects for Government approval.
Himachal Pradesh was under the Presidents rule then.
Several units applied to IPARA Director of Industries during the years 1992 and 1993 proposing to establish mechanised units for manufacturing katha.
This is being done without due companysideration to the principle of sustainable management of the forest and is number companymensurate to the annual yield for Govt.
in regard to the registration of 15 new units of Katha may be taken keeping in view the availability of Khair Wood in the State as per sustainable annual yield available from Government and private forest area.
Subject Registration of New Katha units availability of khair wood.
sd Governor 15.9.93 The decision was companymunicated to the companycerned persons leading to the filing of several writ petitions in the High Court.
The proceedings of the meeting of IPARA held on August 28, 1993 and the order of H.E. The Governor have been placed before us.
Sir, I am directed to refer to this Ministrys letter No.
Inspector General of Forests.
In the case of units at S1.Nos.5 to 7, the Governor has declined to approve.
Departments.
Soon after the Governors decision aforementioned was companymunicated to the companycerned parties, three writ petitions came to be filed by the units at S1.Nos.5 to 7 in the aforementioned Table, viz.,
Departments and to act as the channel of companyrespondence and the companyrdinating agency between the entrepreneurs and various companycerned Govt.
To arrange all necessary assistance required for the successful implementation of approved projects from various Govt.
Heard companynsel for the parties.
However, it has companye to the numberice of this Ministry that the State Govt.
AVAILABILITY OF KATHA IN THE STATE OF HIMACHAL PRADESH Pursuant to the directions of the High Court on the question of availability of raw material for manufacturing katha, Sri R.K.Anand, Secretary Forests to the Government of Himachal Pradesh, filed, what he designated as short affidavit in companypliance to the order dated 31.12.1993 passed by the Honble Court.
While recognising the influence of environment on history, they fail to numbere that man usually changed or despoiled his environment.
On September 23, 1992, the Government of India, Ministry of Environment and Forest addressed a letter to the Principal Chief Conservator of Forests, Government of Himachal Pradesh requesting him to furnish basic information relevant to the State of Himachal Pradesh in the proformas enclosed to the said letter which was necessary to review the production and sale of khair wood teak wood resin in the companyntry.
P.JEEVAN REDDY.J. Leave granted.
This decision was taken by the Governor of Himachal Pradesh on September 15, 1993.
It appears to have been revived later.
By a Notification dated May 13, 1974, the Governor of Himachal Pradesh established the Industrial Projects Approval and Review Authority IPARA companyprising Chief Secretary to the Government, Secretaries to the Departments of Multipurpose Projects and Power, Public Works, Industries and Finance besides Chairman of the Himachal Pradesh State Electricity Board, Chief Conservator of Forests, Chief Engineer, P.W.D. and the Director of Industries.
Emphasis added On November 29, 1990 IPARA was abolished by the Government.
The report of the World Commission on Environment and Development companystituted by the United Nations and chaired by the then Prime Minister of Norway, Gro Harlem Brundtland companytains certain facts and warnings which are relevant to the present companytext.
The terms of reference and the activities to be undertaken by the IPARA, however, remained the same as were companytained in the Notification dated May 13, 1977.
But then it was faced with the problem that pursuant to the approvals granted by the sub committee of IPARA, certain units had already taken steps for setting up of the factories.
All this made the Government of Himachal Pradesh and IPARA to sit up and take numberice of the companysequences of the action of the sub committee of IPARA in approving fifteen units.
The companycern of the Government of India is evident from the letter dated October 6, 1993 addressed to the Forest Secretary, Government of Himachal Pradesh, which is worth reproducing GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS Paryavaran Bhawan, C.G.O. Complex, Lodi Road, New Delhi Pin 110 003.
Himachal Pradesh is a hill State.
To receive all application for setting up of factories in medium and large scale sector.
