City lawyer moves MoEFCC to scrap licenses to 50 saw mills

Nagpur: The controversial issue of giving additional horizontal bandsaw licences to 50 timber units in the state has once again come into focus. A city environment lawyer has filed an appeal with the environment ministry (MoEFCC) demanding scrapping of these licenses, which were issued in violation of apex court orders. A copy of the appeal has also been sent to Central Empowered Committee (CEC), monitoring implementation of the Supreme Court orders.
Though the forest department has put the issue on the back burner, environment lawyer Manish Jeswani has filed an application before MoEFCC regional office last week for condonation of delay and quashing the order passed by state level committee (SLC) headed by then PCCF UK Agrawal.
The SLC had on July 23, 2018, granted additional horizontal bandsaws to 50 units. This was in addition to existing cutting machines. The order violated apex court order issued on March 4, 1997, as well against Maharashtra Forest Rules 2014.
SLC member-secretary, state’s chief secretary and PCCF (HOFF) have been made as respondents. Jeswani being a third party and unaware about the impugned decision taken on July 23, 2018, urged for condonation of delay of 754 days mentioning various court rulings and existing circumstances in the present case. Affected parties are allowed to file objections in 60 days.
Jeswani has said that he learnt about the SLC decision this month and he took time to collect the documents. Therefore, there is no delay in filing appeal and requested for condonation in his appeal.
The lawyer has said there is serious violation of Supreme Court order (in writ petition 202/1995) which states: “All unlicensed saw mills, veneer and plywood industries in Maharashtra and the UP are to be closed forthwith and the state governments would not remove or relax the condition for grant of permission or license for opening of any such industry and it shall also not grant any fresh license for this purpose.”
Senior forest officials, who were co-opted as members in SLC, pointed out decision to issue 50 licenses was against apex court order. Learning that SLC committed a mistake, on February 28, 2019, then PCCF Agrawal sought to amend Maharashtra Forest Rules, in order to regularize the ‘illegal’ licences for 50 additional 42 inch horizontal bandsaws, but government rejected the demand.
The petition says that SLC meeting held on June 27, 2017, had decided that grant of additional bandsaws shall be considered only after timber availability report received from the state. However, SLC under Agrawal took decision to issue licenses on July 23, 2018, without waiting for the timber availability reports.
Petition further says granting additional bandsaw licenses without timber availability report violates SC orders which mandate grant of licenses only after assessing availability of legal timber, carrying capacity and sustainability of forests.
Jeswani pointed out, “Granting additional bandsaws to existing licenses amounts to grant of fresh licence. It creates every possibility of illegal felling of trees inside forests for securing timber availability.” He alleged deliberate violation of rules and demanded quashing of SLC order to grant licences for additional horizontal bandsaws.
FOREST DEPT MUM
* On July 23, 2018, SLC headed by UK Agrawal issues horizontal bandsaw licenses to 50 saw mills
* This is in violation of apex court order dated March 4, 1997
* Senior forest officials in SLC had pointed out decision was against apex court order
* Learning this, SLC ex-chairman Agrawal in February 2019 sought to amend Maharashtra Forest Rules to regularize licenses
* State government rejected SLC’s demand, asked it to review decision