New Delhi, Jul 23 The Supreme Court on Thursday set aside a 2016 order of the Uttarakhand High Court, which passed a slew of directions, including on controlling and preventing forest fires, and remitted the matter back for consideration.
Observing that issues related to forest fires require “constant monitoring”, the apex court said the jurisdictional high court was better equipped to deal with it.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana noted that the apex court in March 2017 stayed the operation of the high court's order passed in December 2016
The directions issued in the 2016 order ought to be revisited by the high court, especially when nearly a decade has passed and, apparently, there have been substantial changes at the ground level with the passage of time, the bench noted.
“It further appears to us that forest fires require constant monitoring by the jurisdictional high court, which is better equipped as compared to us,” it said.
The top court passed the order while hearing two petitions, including an appeal by the Uttarakhand government against the high court order.
It was also dealing with an application filed by senior advocate Rajiv Dutta, who raised issues concerning forest fires in Uttarakhand.
While setting aside the high court order, the bench said the “matter is remitted to the high court to revisit the questions that arise for consideration, and issue revised directions as may be required in the given changed circumstances”.
It also requested the high court to monitor the matter for some reasonable time.
During the hearing, advocate Jatinder Kumar Sethi, appearing for the Uttarakhand government, told the bench that incidents of forest fires have been coming down in recent years, as several steps have been taken to prevent and control such incidents.
The state has already complied with some of the directions issued by the high court, he said.
“Don't you think that the high court will be in a better position to monitor it?” the bench asked, adding that the jurisdictional high court would have better knowledge about the local conditions and local topography.
The apex court said a robust mechanism has to be created to deal with forest fires.
“Forest fire is also a natural thing... There are many reasons which trigger it. Sometimes by humans, sometimes by forest mafias,” the bench observed.
In its December 2016 order, the high court passed a slew of directions to protect the forest environment, ecology and wildlife.
It directed the Centre to formulate a national forest policy aiming at forest management, conservation and sustainable development to maintain and increase forest cover.
The high court also directed the Uttarakhand government to appoint at least 10,000 fire watchers to detect and contain forest fires at the earliest during the summer season.
It directed the state to provide sufficient funds to prevent and control forest fires, and said that those causing them intentionally must be dealt with sternly by framing suitable laws.
