CENTRE FOR ENVIRONMENTAL LAW, WORLD WIDE FUND-INDIA v. UNION OF INDIA
2003-04-28
H.K.SEMA, Y.K.SABHARWAL
body2003
DigiLaw.ai
Order IAs Nos. 22 and 23 1. These applications have been filed by ONGC for carrying out oil/gas exploration in the Desert National Park in Rajasthan. The applications were referred to IBWL. 2. An affidavit of the Deputy Inspector General (Wildlife), Government of India, has been tendered in the Court today. According to the said affidavit the recommendations for diversions have been accepted subject to the following conditions: “1. ONGC would deposit Rs 5 crores in a specially created fund for the conservation and management of the Desert National Park. This amount is an initial compensation for the exploratory phase. 2. In case oil/gas is struck in the region, the State Government would declare adequate additional area to the national park for providing suitable habitat, especially to the great Indian bustard that is critically endangered.” 3. Mr Mukul Rohatgi, learned Additional Solicitor General submits that the condition of deposit of Rs 5 crores is onerous and ONGC has already offered Rs 1 crore which is just and reasonable. We have on the one hand the Ministry of Environment and Forests and on the other a government corporation. We hope that what amount should be deposited would be sorted out as a result of joint deliberations. List the matter in the third week of July 2003. In case ONGC desires to commence with the work, it may do so on deposit of Rs 5 crores subject to variation, if any, by joint consultation or by this Court later. IA No. 15 4. This application has been filed on behalf of the State of U.P. to construct Bansagar Irrigation Project (Adwa-Meja and Meja-Jirgo Link Channels) covering an area of 180.79 ha. The Ministry of Environment and Forests subject to fulfilment of certain conditions incorporated in its letter dated 23-12-2002 and in the affidavit tendered in the Court today incorporating the conditions imposed by the Standing Committee — IBWL has permitted the commencement of the project. All conditions imposed are acceptable to the State of U.P. The application is, therefore, ordered subject to fulfilment of the conditions as aforesaid. Further we direct that the identification of the sites in terms of the letter dated 23-12-2002 shall be done also in consultation with IBWL. 5. List all other applications in the third week of July 2003. Parties may file their response before the next date of hearing.