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2004 DIGILAW 882 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2004-08-02

ARIJIT PASAYAT, S.H.KAPADIA, Y.K.SABHARWAL

body2004
ORDER I.A.No.1150 : 1. In terms of decision of this Court in T.N. Godavarman Thirumalpad (through K.M.Chinnappa) v. Union of India & Ors. [ (2002) 10 SCC 606 ], taking note of the factual background including the recommendations of Central Empowered Committee (Committee), Forest Advisory Committee and the legal position, the applicant-Company has been allowed mining till the end of year 2005. It was directed that the modalities for complying with the directions of this Court be worked out in the manner recommended by the Committee. It was held that the modalities to be adopted to effectuate the order passed by this Court and recommendations of the Committee shall be worked out by the Ministry of Environment and Forests, the State Government and the applicant-Company under the supervision and guidance and monitoring of the Committee. 2. Our attention has been drawn by learned counsel for the Company to the amendments made in the Mineral Conservation and Development (Amendment) Rules under notification dated 10th April, 2003, in particular, to Rule 23-C relating to the submission of final mine closure plan. Having heard learned counsel, we are of the view that these rules would not over-ride the directions as contained in the judgment. The applicant instead of filing this application ought to have first approached the Committee. 3. In order to avoid further delay in the matter, we direct that the application and connected papers be placed before the Monitoring Committee and the question of issue of the directions, if any, would be considered by this Court, if necessary, only after the matter is first examined by the Committee. I.A.No.989 : 4. An affidavit be filed by the Secretary of the Ministry of Forest of the State of Chhattisgarh, within one week, stating whether the land in question was shown in any Government record as part of the forest area or not. 5. In rest of the petitions : 6. Adjourned, to be listed on 13th August, 2004.