ORDER Letter of Professor Kanchan Chopra in IA No. 826 in IA No. 566 in WP No. 202 of 1995 1. Mr A.D.N. Rao, learned Amicus Curiae has brought to our notice the letter dated 28-12-2005 addressed by Prof. Kanchan Chopra to AR, PIL Cell of this Court. 2. As requested in the letter, the date for submission of the report of the Committee is extended up to 31-3-2006. IAs Nos. 1413 and 1414 3. Regarding grant of temporary working permit (TWP), we have perused the report of CEC including its recommendations and procedure for grant of TWP. In the light of discussion today, we have requested amicus curiae to redraft the recommendations and the procedure. 4. List these matters on 3-2-2006. Further, we direct that such of the mines which were operating under temporary working permit as on 16-17-2005 will continue to operate until further orders. SLP (C) No. 25068 of2005 5. The special leave petition is directed against an interim order dated 18-11-2005 passed in WP No. 159 of 2005 by the High Court of Bombay at Nagpur restraining the petitioner from carrying on any mining activity in the area in question. This interim order of the High Court has already been stayed. Further, for the present, until further orders we also stay further proceedings in WP No. 159 of 2005. 6. We have considered the report of CEC dated 2-1-2006. The recommendations made therein are to the following effect: (i) The MoEF may expeditiously take a decision under the FC Act in respect of the Durgapur Rayatwari underground mine after considering the compliance report sent by the Maharashtra Forest Department and till then the mining may be allowed to be continued in the already broken-up area; and (ii) a decision regarding sanction sought by the Forests Department to prosecute officials of M/s WCL for violation of the FC Act may be taken expeditiously by the MoEF as per the Hon'ble High Court of Bombay, Nagpur Bench order dated 1-4-2005. The aforesaid recommendations are acceptable to the petitioner. The MoEF prays for two months' time to take a decision in terms of the aforesaid recommendations. 7. List after two months. IA No. 1441 8. The State Government, as prayed, is granted two weeks' time to file response to the report of CEC dated 23-12-2005. 9. List on 3-2-2006. IA No. 1455 10.
The MoEF prays for two months' time to take a decision in terms of the aforesaid recommendations. 7. List after two months. IA No. 1441 8. The State Government, as prayed, is granted two weeks' time to file response to the report of CEC dated 23-12-2005. 9. List on 3-2-2006. IA No. 1455 10. Mr A.D.N. Rao, learned Amicus Curiae, states that the Central Government has decided to hand over the investigation regarding poaching of tigers in Ranthambore to CBI. Regarding Panna National Park, learned counsel submits that the matter is still under consideration and that is likely to be decided soon. We direct the matter shall be decided expeditiously but not later than 13th January and if the Ministry decides to hand over the probe to SIT, CBI, we hope that it would immediately move into action. 11. List on 27-1-2006. IA No. 1456 12. The application is disposed of in terms of order dated 28-1-2005 in IA No. 1230 read with order dated 12-5-2005 in IA No. 13172 subject to further condition that it will also give an undertaking to pay the difference, if any, in NPV which may be payable after the same is determined. IAs Nos. 1463 and 1156 13. These two applications be listed before a Bench of the Hon'ble Mr Justice Arijit Pasayat and the Hon'ble Mr Justice S.H. Kapadia on 16-1-2006. IA No. 827 14. As an interim measure, CEC is permitted to release a sum of Rs 5 crores to the State Government. The amount shall be spent under the direct supervision of the Committee constituted earlier. 15. List the application on 27-1-2006. Court Masters