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Supreme Court of India · body

2005 DIGILAW 1447 (SC)

T. N. GODAVARMAN THIRUMULPAD (85) v. UNION OF INDIA

2005-09-09

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

body2005
ORDER IA No. 1336 in IA No. 1254 1. To the recommendation of CEC, the State of Rajasthan and MoEF shall file the response within four weeks. List thereafter. IA No. 1345 in IA No. 1252 in IA No. 703 2. None is present on behalf of the State of Orissa in support of IA No. 1252 although CEC has filed its response. 3. Issue notice to the State. IA No. 1346 in IAs Nos. 1227-28 4. The applicant in IAs Nos. 1227-28 may file his response to the recommendation of CEC within four weeks. IA No. 1347 in IA No. 1255 5. In response to IA No. 1255, the recommendation of CEC as contained in para 8 reads as under: “8. It is recommended that this Hon'ble Court's orders dated 7-5-2003 and 18-2-2005 by which the Working Plans for South Andaman Forest Division and Middle Andaman Forest Division, respectively were referred to MoEF and CEC for giving appropriate clearance, may be extended to the Working Plans for the Mayabunder Forest Division which has already been filed before this Hon'ble Court. The said order may also be extended to the Working Plans for Baratang, Diglipur, Little Andaman and the Nicobar Forest Division which are yet to be prepared. No order in respect of Working Plans of the Middle Andaman Forest Division is required because it is already covered by order dated 18-2-2005 referred to above.” The aforesaid recommendation is accepted and IA No. 1255 is disposed of accordingly. IA No. 1348 in IA No. 1036 6. Response to the recommendation of CEC may be filed within four weeks. IA No. 941 7. In the report dated 10-7-2003, in para 20(iv), CEC has, inter alia, recommended that the State Government should consider the case of sawmills sympathetically and provide a suitable rehabilitation package for shifting the sawmills in identified industrial estates or other suitable areas beyond 10 km from the forest in a time-bound manner. The State Government is directed to file, within four weeks, an affidavit placing on record the steps taken in terms of the suggestions contained in the recommendation of CEC. 8. Meanwhile, parties may respond to the report of CEC. IA No. 1341 with IAs Nos. 1382, 1240, 1266 and 1299 9. Perused the letter circulated by the learned counsel for the administration of Andaman and Nicobar Islands in IAs Nos. 1341 and 1382. 10. 8. Meanwhile, parties may respond to the report of CEC. IA No. 1341 with IAs Nos. 1382, 1240, 1266 and 1299 9. Perused the letter circulated by the learned counsel for the administration of Andaman and Nicobar Islands in IAs Nos. 1341 and 1382. 10. The applications are adjourned. IA No. 1354 in IA No. 1154 11. The Ministry of Defence is granted further four weeks' time to file response to the recommendations of CEC. IA No. 1381 12. It is represented on behalf of the State Government that application for vacation of stay was filed in the High Court on 2-9-2005 and time is sought to place on record a copy of the said application. We hope that the High Court would expeditiously consider that application in accordance with law and pass appropriate orders. 13. Meanwhile, as prayed by the private respondents, three weeks' time is granted to file response to the interlocutory application. IA No. 972 in IA No. 757 with IAs Nos. 789, 790, 962, 986, 1038-41, 1042-45 and 1217-19 14. In terms of the order dated 19-4-2004, this Court directed the State Government of Rajasthan to constitute a committee comprising of three members in consultation with CEC for the purpose of grant of permission for carrying out repairs or renovation of the existing structures within the municipal limits. The said committee was constituted on 23-2-2005. The committee should dispose of the pending applications preferably within a period of eight weeks. 15. Issue notice to the respondents in IA No. 986. Response shall be filed within four weeks. 16. The applicant in IA No. 1038-41 is permitted to place on record a copy of the order passed by the committee within two weeks. IA No. 976 in IA No. 727 17. We have perused the report of CEC dated 10-9-2003, the communication dated 4-7-2000 from the Financial Commissioner and Secretary, Department of Forests and Wildlife Preservation, Government of Punjab, seeking approval of the Central Government for exclusion of the land for cultivation and habitation from the category of forest and the communication dated 10-11-2000 sent by the Ministry of Environment and Forests to the Financial Commissioner and Secretary (Forests), Government of Punjab. 18. 18. We direct the Ministry of Environment and Forests to consider the proposal of the State of Punjab, as contained in the communication dated 4-7-2000, in accordance with the rules, procedure and guidelines laid down under the Forest Conservation Act, within eight weeks. 19. The lands to be considered would be such lands which are under bona fide agricultural use. 20. List after eight weeks.