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2005 DIGILAW 1351 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2005-08-25

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

body2005
ORDER : S.H. Kapadia, J. I.A. No. 989, 1221 and 1311 In 857-858, 997 and 998, 1002, 1128, 1187, 1282, 1283, 1284, 1295, 1296, 1305, 1320-1321, 1335, 1376-1377 1. The hearing of these matters is likely to take considerable time. We therefore direct that these matters shall be listed on a non- miscellaneous day. 2. The parties are directed to file a brief note of submissions/synopsis. At first instance, such a note shall be filed on behalf of C.E.C. by learned Amicus curiae within a period of two weeks. Other parties are directed to file their synopsis within two weeks thereafter. 3. The matters to be listed after four weeks. 4. The record of SLP(C)No. 22531/2003 shall be sent along with when these matters are taken up for hearing. 5. The Ministry of Coal is directed to file affidavit in I.A.No.1335 within one week. I.A. No. 1011: 6. On request of learned Additional Solicitor General, further three weeks time is granted to the Government of India to file its response. I.A. No. 1373: 7. The Standing Committee of National Board of Wildlife (NBWL) has conveyed its approval for use of 12.675 hectare of forest land in Periyar Tiger Reserve in favour of Travancore Devaswom Board (TDB) for development of Sabrimala Temple in Pathanamthitta district of Kerala, as stated in the communication dated 20.5.2005 of MoEF to the Principal Secretary, Forest & Wildlife Department, Government of Kerala. We have examined the matter and heard view point of CEC regarding the comment of CEC filed in Court today. The applicant-Board may respond thereto with- in four weeks, but, in the meanwhile, as prayed in the application, the Government of India is permitted to issue orders for diversion of the aforesaid land. 8. Put up this application after the Board has responded to the comments of CEC. I.A. No. 990 in 860 and 818: 9. Mr. K.K. Misra, working as Chief Secretary to Government of Karnataka has filed affidavit dated 30.6.2005, incorporating therein the revised tentative programme for survey and removal of encroachments in Sargod and Maskali Reserve Forest. 10. This affidavit states that insofar as Sargod Reserve Forest is concerned, the proceedings for removal of encroachments are likely to be completed by 30th September, 2005, rehabilitation package is expected to be completed by 31st December, 2005 and removal of encroachments by 31st March, 2006. 10. This affidavit states that insofar as Sargod Reserve Forest is concerned, the proceedings for removal of encroachments are likely to be completed by 30th September, 2005, rehabilitation package is expected to be completed by 31st December, 2005 and removal of encroachments by 31st March, 2006. Dates in respect of Maskali Reserve Forest are also mentioned in the affidavit. We direct the Chief Secretary to file an affidavit after the proceedings for removal of encroachments in respect of Sargod Reserve Forest are complete. Since they are likely to be completed by 30th September, 2005, the affidavit shall be filed by 15th October, 2005. The affidavit, besides giving de- tails about the completion of proceedings, shall also state as to which of the encroachments have been removed and physical possession taken, giving survey numbers, etc. I.A. No. 1290 in 780 with 818 11. Notice shall issue to State of Bank of India (SBI) and M/s. Fena requiring them to show cause why appropriate steps be not taken for recovery of Rs. 1.25 lakhs and Rs. 1 lakh respectively from them since M/s. Fena, as against Rs. 10 lakhs, has de- posited Rs. 9 lakhs and SBI has not deposited the amount aforesaid. 12. Regarding amounts lying after the work of cleaning of rocks has been completed, learned Amicus Curiae states that he will file an application giving suggestions for utilisation of that amount. 13. The FDR maturing on 7.9.2005 shall be got renewed for another period of one year. I.A. No. 31 in I.A. No. 30 in WP (C) No. 171/1996: 14. The recommendations of CEC, as contained in para 6 of report dated 11.9.2003, are accepted. The said recommendations read as : "The CEC, therefore, recommends that the unspent balance amount of Rs. 1.55 crores lying with the State of J&K, out of the funds released by the Central Government under the Centrally Sponsored Schemes, may be allowed to be assimilated for the afforestation work to be undertaken as per this Hon'ble Court's order dated 22.10.2002 in I.A. No. 22 in Writ Petition (Civil) No. 171/96." 15. I.A. Nos. 30 and 31 are disposed of accordingly 16. This application is referred to CEC. I.A. Nos.1338-1340: 17. Learned counsel for the applicants seeks to withdraw these applications so as to have recourse before the appropriate authority. These applications are dismissed as withdrawn. I.A. No. 1342 -1343: 18. I.A. Nos. 30 and 31 are disposed of accordingly 16. This application is referred to CEC. I.A. Nos.1338-1340: 17. Learned counsel for the applicants seeks to withdraw these applications so as to have recourse before the appropriate authority. These applications are dismissed as withdrawn. I.A. No. 1342 -1343: 18. State of Uttaranchal and CEC may file response to the application within four weeks. I.A. No. 1344 in I.A. No.1270: 19. The applicant-petitioner, party in-person, is not present. 20. Adjourned. 21. In the meanwhile, the State Government may file its response within four weeks.