HC orders inquiry into violation of forest laws by Kath makers

Bombay HC orders inquiry into Kath manufacturers near reserved forests for illegal activities, criticizing forest officials for contradictory affidavits and inaction.

MUMBAI: The Bombay High Court (HC) has ordered a detailed inquiry into violations of forest laws by Kath manufacturing units operating near reserved forests. The court also criticised forest officials for filing contradictory affidavits and failing to prevent illegal activities.

HC orders inquiry into violation of forest laws by Kath makers

Kath manufacturers process the wood of the Acacia Catechu tree to produce ‘Katha’ (Catechu), a substance primarily used in paan (betel leaf) preparation and traditional medicine. These activities are alleged to have violated the Forest (Conservation) Act, 1980, and the Indian Forest Act, 1927.

The court’s order came in response to a public interest litigation (PIL) filed by Dipak Atmaram Shirodkar, who highlighted illegal smuggling by Kath manufacturers in the Sindhudurg and Ratnagiri forest circles. Shirodkar alleged that 102 Kath manufacturing units were operating unlawfully within a 1-kilometre radius of reserved forests, despite their licences having expired. He argued that these activities resulted in significant ecological degradation and blamed forest officials for their failure to take action.

Earlier, on March 6, 2024, the court directed authorities to inspect the manufacturing units and submit a report. In an affidavit filed on March 13, 2024, the Deputy Conservator of Forests, Sawantwadi, claimed that none of the 102 units with expired licences were operational. However, Shirodkar disputed this claim, calling it factually incorrect.

To ensure transparency, the court appointed a committee on October 1, 2024, to survey the 102 units. Subsequently, a December 9, 2024 affidavit by the Deputy Conservator of Forests revealed that 22 units were engaged in prohibited activities, including the illegal processing of Khair wood.

A division bench comprising chief justice Devendra Kumar Upadhyaya and justice Amit Borkar expressed concern over the contradictory affidavits. The court noted that such discrepancies undermined public trust in the regulatory mechanisms meant to protect forest resources. “This inconsistency raises serious doubts about the credibility of the Forest Authorities’ assertions and calls into question their commitment to enforcing laws protecting forest resources,” the bench remarked.

The court criticised forest officials for their inaction and for making false statements under oath, emphasising the need for accountability. “The conduct of the forest officers in making false statements on oath requires serious attention by this court,” the judges added.

The HC directed immediate action to prevent further environmental damage and to hold violators accountable. It ordered an inquiry into the officials responsible for filing contradictory affidavits and for failing to act against illegal activities. The court also mandated the submission of a detailed report within three months.

Additionally, the Principal Secretary was instructed to file an affidavit outlining the disciplinary measures taken or proposed against the concerned officials. “Should the inquiry reveal that any forest officer acted in contravention of the law or failed in their duties, appropriate action must be taken without delay,” the court concluded.