Manipur High Court
In Re Water Shortage Due To ... vs State Of Manipur & 3 Ors on 8 April, 2025
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
Digitally signed by 1
JOHN JOHN TELEN KOM
TELEN KOM Date: 2025.04.16
08:16:07 +05'30' Item No. 12-16(DB)
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
PIL 21 of 2023
With
PIL No.4 of 2022
With
MC(PIL) No.42 of 2022
With
PIL No.21 of 2020
With
PIL No.35 of 2021
IN Re Water Shortage due to Deforestation
as reported by Imphal Free Press dated 02.
04.2023
Petitioner
Vs.
State of Manipur & 3 Ors.
Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR
HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA
08.04.2025
D. Krishnakumar, C.J. :
[1] Mr. S. Biswajit, learned Amicus Curiae for the petitioner in PIL
No.21 of 2023; Mr. M. Rakesh, learned counsel, appears for the petitioner in
PIL No.4 of 2022; Mr. KH. Tarunkumar, learned senior counsel, appears for
the petitioner in PIL No.21 of 2020; Mr. Lenin Hijam, learned AG, appears for
the State respondents and Mr. L Shyam, learned counsel, appears for
respondent No.7 in PIL No.37 of 2023.
[2] Mr. Lenin Hijam, learned AG, appears for the State respondents
has placed the order passed by the Hon'ble Supreme Court in WP(C)No.1164
of 2023 dated 04.03.2025 and relevant paras 6,7,8, 9 & 10 are reproduced as
under:
"6. The learned senior counsel as well as other counsel appearing on
behalf of the petitioners/applicant(s) submit that the State Governments
or the Union of India would use the forest land which is not yet recorded
as forest land for the purpose of compensatory afforestation, which
would not be permissible in view of the judgment/order of this Court in
the case of T.N. Godavarman (supra).
7. Ms. Aishwarya Bhati, learned Additional Solicitor General, submits
that in pursuance to the directions issued by this Court, the Union of
India has sought information from various State Governments/Union
Territories. She relies on the additional affidavit dated 28.02.2025 filed
on behalf of the Ministry of Environment, Forest and Climate Change. A
perusal of the same would reveal that certain State Governments and
Union Territories have not even appointed Experts Committees, as are
required to be constituted as per the directions of this Court. The said
affidavit would further show that most of the State Governments and
Union Territories have not completed the work required to be undertaken
in accordance with Rule 16(1) of the Rules of 2023.
8. Sub-rule (1) of Rule 16 of the Rules of 2023 requires all the State
Governments and the Union Territories to prepare a consolidated record
of such lands including the forest like areas identified by the Experts
Committee constituted for this purpose, unclassed forest lands or
community forest lands on which the provisions of the Adhiniyam shall
be made applicable.
9. We find that once an exercise, as required to be done under sub-rule
(1) of Rule 16 of the Rules of 2023 is complete, it will lead to resolution
of many issues. It is therefore necessary that all the State Governments
and the Union Territories should make an earnest effort to complete the
said exercise within a stipulated 6 period. While doing so, the State
Governments/Union Territories would also be bound to follow the
guidelines as issued by this Court in its order dated 6th July, 2011 in the
case of Lafarge Umiam Mining Private Limited, (2011) 7 SCC 338, which
reads thus:- "(vii) Creation and regular updating of a GIS based decision
support database, tentatively containing inter alia the district-wise details
of the location and boundary of (i) each plot of land that may be defined
as forest for the purpose of the Forest (Conservation) Act, 1980; (ii) the
core, buffer and eco-sensitive zone of the protected areas constituted as
per the provisions of the Wild Life (Protection) Act, 1972; (iii) the
important migratory corridors for wildlife; and (iv) the forest land diverted
for non-forest purpose in the past in the district. The Survey of India
toposheets in digital format, the forest cover maps prepared by the
Forest Survey of India in preparation of the successive State of Forest
Reports and the conditions stipulated in the approvals accorded under
the Forest (Conservation) Act, 1980 for each case of diversion of forest
land in the district will also be part of the proposed decision support
database."
10. We, therefore, direct all the State Governments and the Union
Territories, in which the Experts Committees have not yet been
constituted, to constitute such committees within a period of one month
from today. The said committees shall complete the exercise, as
required under Rule 16(1) of the Rules of 2023 along with the directions
issued by this Court in the case of Lafarge Umiam Mining Private Limited
(supra), within a period of six months from today and submit a report to
the Union of India."
[3] In the light of the observations passed by Hon'ble Supreme Court,
learned Advocate General states that the said direction of the Supreme Court as
well as the direction passed by the High Court have to be complied with and file
appropriate order at earliest.
[4] The Special Secretary, Forest Government of Manipur also present
before this Court for assisting Mr. Lenin Hijam, learned AG for the State
respondents.
[5] List the matters on 20.05.2025.
JUDGE CHIEF JUSTICE
John Kom
