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2001 DIGILAW 1059 (SC)

T. N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA

2001-05-10

B.N.AGARWAL, B.N.KIRPAL, RUMA PAL

body2001
( 1 ) THIS IA has been filed in court through the learned amicus curiae. Let the same be registered and numbered. ( 2 ) ISSUE notice returnable in the second week of July 2001. ( 3 ) MR A. D. N. Rao, Advocate accepts notice on behalf of the Union of india. Service be effected on Respondent 2 through Mr S. R. Hegde, Advocate and on Respondent 3 by ordinary process and by registered post, ( 4 ) THE Union of India will file an affidavit within eight weeks and in the affidavit they will also state the reason as to why the Government of India having once notified the area as a national park then permit mining activity to be carried out notwithstanding this Courts order of 12-12-1996. IA No. . . . of2001 in IA No. 659 and IA No. 659 ( 5 ) AN application in IA No. 659 has been filed in court by the learned amicus curiae in which it is stated that a hundred-year-old practice is being done away with and a decision seems to have been taken permitting tempos and tractors to be allowed to have free access to all roads in Matheran which will result in destabilising the ecosystem and also will result in illegal felling of timber. ( 6 ) ISSUE notice also in the application filed today. ( 7 ) MR A. D. N. Rao, Advocate accepts notice on behalf of the Union of india and Mr S. S. Shinde, Advocate accepts notice on behalf of the State of maharashtra. ( 8 ) REPLIES be filed within six weeks to both the applications and rejoinder, if any, within two weeks thereafter. List after eight weeks. ( 9 ) IN the meantime, we direct the State of Maharashtra to conduct a survey and report on the forest/tree cover in the forest and non-forest land of matheran irrespective of the ownership of the land. Any renewal of lease of any property in Matheran will be subject to the outcome of these applications. List after eight weeks. ( 9 ) IN the meantime, we direct the State of Maharashtra to conduct a survey and report on the forest/tree cover in the forest and non-forest land of matheran irrespective of the ownership of the land. Any renewal of lease of any property in Matheran will be subject to the outcome of these applications. The State of Maharashtra is further directed to ensure that there is no felling of trees in Matheran and we also restrain the State of maharashtra and/or any other civil authority from permitting any change in the user of the roads in Matheran and in particular we prohibit the access to the said roads to tempos, tractors and other vehicles which till now were not permitted to ply. Re: Special Investigation Team Report filed in court on 12-3-2001 and affidavit of Shri Chadha filed in court on 23-4-2001 ( 10 ) LIST on 12-5-2001. Direction with regard to setting up of nodal agencies in the States of M. P. and chhattisgarh to dispose of the interlocutory applications with regard to overseeing the working of the forest ( 11 ) LIST on 12-5-2001. las Nos. 487 and 489 ( 12 ) THESE IAs are dismissed as withdrawn. Liberty is granted to file fresh applications if an adverse order is passed against the applicants. 1a No. 586 ( 13 ) THIS IA is dismissed as having become infructuous. IAs Nos. 646 and 661 ( 14 ) ISSUE notice returnable after summer vacations. IA No. 295 ( 15 ) LIST on 12-5-2001. IAs Nos. 149, 427, 474 and 486 ( 16 ) IT is stated by Mr Shakil Ahmad Syed on behalf of the State of Assam that industrial estates have been set up and, therefore, the sawmills can shift to the said industrial estates. In that view of the matter, these IAs have become infructuous. The same are, accordingly, dismissed as having become infructuous. las Nos. 395, 496 and 497 ( 17 ) ADJOURNED. IAS Nos. 107 and 398 ( 18 ) IA No. 107 is dismissed as infructuous and IA No. 398 is dismissed as withdrawn. IA No. 384 ( 19 ) THIS IA is dismissed as having become infructuous. IA No. 636 ( 20 ) ISSUE notice to the Union of India. IA No. 660 ( 21 ) THIS IA is dismissed as having become infructuous. IA No. 384 ( 19 ) THIS IA is dismissed as having become infructuous. IA No. 636 ( 20 ) ISSUE notice to the Union of India. IA No. 660 ( 21 ) THIS IA is dismissed as having become infructuous. IA No. 662 ( 22 ) LIST on 12-5-2001. IA No. 663 ( 23 ) ISSUE notice. ( 24 ) LEARNED amicus curiae and Mr A. D. N. Rao accept notice. ( 25 ) HEARD counsel. ( 26 ) IN modification of our earlier order, supply of timber mango planks and timber mango half-wrought to size as required by the Ministry of defence can be made by the applicant or by any other successful tenderer to the extent it is required by the Ministry of Defence. ( 27 ) THIS IA stands disposed of. las Nos. 612-13 ( 28 ) ADJOURNED. LAS Nos. 617-18 ( 29 ) THESE IAs are dismissed as infructuous in view of the fact that removal of forest produce like tendu leaves, harm, sal seeds, mahua flowers and mahua seeds from forest other than national parks and game sanctuaries is not prohibited.