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2004 DIGILAW 989 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2004-08-13

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

body2004
ORDER : Mr. Y.K. Sabharwal, J. We are told that has been designated as a senior advocate the learned senior advocate (A.C.) states that since has become Advocate-on-Record and has been assisting this Court throughout, he may please be appointed as Advocate-on-Record to assist in this Court. Ordered accordingly. 2. I.A. No. 989 Mr. Harish N. Salve, the learned Amicus curiae has invited our attention to a document which in turn refers to Gazette Notification No. 3228-3283/2845-XI dated 17.10.1949. The State Government of Chhattisgarh shall trace those Notifications and other notifications issued by the Forest Department in the month of October 1949 and place the same before the CEC. Mr. Arun Jaitley, the learned senior counsel appearing for M/s. Maruti Clean Coal and Power Ltd. (Maruti) states that his client has got several notifications of dated October 10, 1949 which have considerable bearing on the question whether the land which is subject-matter of these proceedings is forest or not within the meaning of Forest Conservation Act, 1980. Let the said notifications be also placed before CEC. Other parties may file such additional documents before the CEC as they may deem fit. Parties are granted three weeks time to place the documents before CEC who after hearing the parties will examine the matter in detail and file a report with its recommendations within a period of six weeks. 3. The State of Madhya Pradesh is directed to render full assistance to the State Government of Chhattisgarh to place the relevant record/notifications. 4. List after eight weeks. 5. I.A. No. 1166. Having regard to the facts of the present case and also considering the fact that out of total length of transmission line 33.54 Kms. will pass through the Askot Wildlife Sanctuary, the recommendations of CEC that PGCIL will deposit 5 per cent of the total project cost of Rs. 150.53 crores in the compensatory and aforestation fund for undertaking conservation and protection of Askot Wildlife Sanctuary cannot be termed as unreasonable. We accept the recommendation of the CEC in that regard. 6. Mr. Mohan Parasaran, the learned Additional Solicitor General appearing for Ministry of Environment and Forests prays for adjournment to look into the aspect of constitution/re-constitution of the National Board of Wildlife. 7. Post this I.A. after four weeks. 8. We accept the recommendation of the CEC in that regard. 6. Mr. Mohan Parasaran, the learned Additional Solicitor General appearing for Ministry of Environment and Forests prays for adjournment to look into the aspect of constitution/re-constitution of the National Board of Wildlife. 7. Post this I.A. after four weeks. 8. I.A. 1000 We have perused the detailed report of CEC dated 20.11.2003 regarding mining in Jamua Ramgarh Wild Life Sanctuary, Jaipur in violation of the Forest Conservation Act,1980, The Wild Life (Protection) Act, 1972 and orders passed by this Court from time to time. We have also perused the affidavit of Mr. Anurag Bajpai, Assistant Inspector General of Forests, Ministry of Environment and Forests, Government of India dated 29.4.2004. To say the least, the affidavit is highly unsatisfactory. Most of the aspects highlighted in the report of CEC which prima-facie show illegal mining in the aforesaid wild life sanctuary have not been adverted to in the affidavit of Mr. Bajpai. We direct that a detailed affidavit shall be filed by the Ministry of Environment and Forests, Government of India within a period of four weeks. If Indian Board of Wild Life has fixed any buffer zone for activity outside sanctuary/forest, that shall also be stated in the affidavit of Ministry of Environment and Forests. The concerned files shall be produced in Court. Before production of the said files in Court, the files shall be shown to Mr. Harish N. Salve, the learned senior counsel (A.C.) for his inspection. 9. List this I.A. after five weeks. 10. Remaining matters on board to be listed after two weeks.