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2005 DIGILAW 1154 (SC)

T. N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA

2005-07-22

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

body2005
ORDER IA No. 1341 in IA No. 1240 in WP (C) No. 202 of 1995 1. List the application on the next date of hearing. 1A No. 1201 in IA No. 477 in WP (C) No. 202 of 1995 2. The matter is referred to CEC for its examination and submission of up-to-date report along with its suggestions. 3. List the application after receipt of the report from CEC. IAs Nos. 1232 and 1352 in IAs Nos. 963-64 in WP (C) No. 202 of 1995 4. We have perused the reports which have been registered as IAs Nos. 1232 and 1352. Till further orders, the timber covered by these two applications shall not be released to any party irrespective of any orders that may have been passed by any court of the country. 5. In IAs Nos. 963-64, Mr M. Indrasen Singh, the applicant is I represented by counsel Mr Shreepal Singh. Learned counsel, however, states that he has no instructions to appear for Mr M. Indrasen Singh in these applications (IAs Nos. 1232 and 1352) and he has not been able to contact Mr M. Indrasen Singh. 6. While directing issue of notice to Mr M. Indrasen Singh and having regard to gravity as disclosed in these applications, we also direct Mr M. I Indrasen Singh to show cause why contempt action be not initiated against him. The notice shall issue returnable for 12-8-2005. We direct personal presence of Mr M. Indrasen Singh in the Court. Till further orders, the hearing of WP (C) No. 178 (K) of 2005 by the High Court is stayed. The Registrar General will communicate this order to the Registrar General of the High Court of Guwahati, who, in turn, will communicate it to the other I Benches of the High Court. IA No. 1271 in IAs Nos. 760-61 in WP (C) No. 202 of 1995 7. The recommendations of CEC are accepted. The Karnataka Power Transmission Corporation Limited, in terms of para 9 of the recommendation, would deposit the amount of Rs.1 crore within a period of four weeks. Mr Altaf Ahmed, learned Senior Counsel, on behalf of the Corporation, states that the conditions stipulated in the report are acceptable to the Corporation. We further direct that the Corporation would make payment of net present value as may be directed. 8. IA No. 1271 and IAs Nos. 760-61 are disposed of. Mr Altaf Ahmed, learned Senior Counsel, on behalf of the Corporation, states that the conditions stipulated in the report are acceptable to the Corporation. We further direct that the Corporation would make payment of net present value as may be directed. 8. IA No. 1271 and IAs Nos. 760-61 are disposed of. IA No. 1298 in WP (C) No. 202 of 1995 9. The application is dismissed. The applicant is, however, permitted to move the appropriate petition before HPC which would be decided in accordance with law. IA No. 1309 in IA No. 973 in WP (C) No. 202 of 1995 10. The Ministry of Environment and Forests is directed to file a detailed I affidavit which lead to its view that the proposed alignment of East-West corridor passing through West Bengal is to be changed. Let the affidavit be filed within four weeks. IA No. 1011 in WP (C) No. 202 of 1995 11. The Ministry of Environment and Forests has filed affidavit in principle agreeing to the proposal of the Railway Ministry, subject to the conditions enumerated in the affidavit. The affidavit also recommends that the Committee consisting of Mr S.K. Chawla and Mr A.H. Patel, Members of the Supreme Court Expert Committee for Solid Waste Management may be b appointed to draw a detailed plan for implementation by the Railway Authorities to ensure that no garbage is thrown into the Chambal Sanctuary from any of the trains passing through the sanctuary. The Central Empowered Committee (CEC) may also look into it and file its suggestions/comments within a period of three weeks. In the meanwhile, the Committee, as recommended in the affidavit of Ministry of Environment and Forests, is appointed to examine the issue of throwing of garbage. Further, the Railway Administration would deposit 5% of the project cost in terms of para 6 of the affidavit. 12. List the application after four weeks. IA No. 1335 in WP (C) No. 202 of 1995 13. In respect of CEC report dated 11-5-2005, learned counsel appearing for the Ministry of Coal seeks for some time to file its response. Let that be done within four weeks. IAs Nos. 989, 1221 and 1311 in IAs Nos. 857-58 with IAs Nos. 997-98, 1128 and 1187, 1282-84, 1295-96, 1305, 1320-21 in WP (C) No. 202 of 1995 14. In respect of CEC report dated 11-5-2005, learned counsel appearing for the Ministry of Coal seeks for some time to file its response. Let that be done within four weeks. IAs Nos. 989, 1221 and 1311 in IAs Nos. 857-58 with IAs Nos. 997-98, 1128 and 1187, 1282-84, 1295-96, 1305, 1320-21 in WP (C) No. 202 of 1995 14. On behalf of M/s Aryan Coal Beneficiation Ltd. and M/s STCIL, a request is made for grant of time to file their response to the notice issued in terms of the order dated 13-5-2005. Let the response be filed within four weeks. 15. List all these matters after four weeks. IAs Nos. 1308 and 1323 in WP (C) No. 202 of 1995 16. List in the month of August 2005. IAs Nos. 1300 and 1297 in WP (C) No. 202 of 1995 17. List the applications after eight weeks. IAs Nos. 1156, 1192 and 756 in WP (C) No. 202 of 1995 18. List the applications after four weeks.