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2006 DIGILAW 437 (SC)

T. N. GODAVARMAN THIRUMULPAD v. Union Of India

2006-04-13

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

body2006
ORDER IA No. 1333 1. We have perused the report of CEC dated 3 - 4 - 2006. It indicates as to h the particulars sought for from the State Government which have not been supplied. The information shall now be supplied after being duly verified by a senior officer of the State Government. As prayed, the State is granted four weeks time to supply the requisite information. CEC would consider the information supplied and give another report. IAs Nos. 1527 - 1527A 2. The application is dismissed. IA No. 1528 3. The application is dismissed as withdrawn with liberty to the applicant to have recourse to appropriate remedy at an appropriate stage. IA No. 1529 4. Issue notice to the Bharat Sanchar Nigam Limited. IA No. 1530 5. Issue notice to the Bharti Tele - Ventures Limited. IA No. 1483 ill IA No. 548 6. List after reopening of the Court after summer vacation. IA No. 1345 ill IA No. 1252 7. The recommendations made by CEC in paras 8(i) to 8(iv) and para 9 of its report dated 11 - 7 - 2005 are acceptable to the State Government. The State Government is, therefore, permitted to regularise pre - 25 - 10 - 1980 encroachments subject to the following conditions under the overall supervision of the Regional Chief Conservator of Forests, Bhubaneshwar, subject to clearance, if any, given by MoEF: (i) Regularisation of encroachments in favour of the eligible encroachers will be done simultaneously with the eviction of ineligible encroachers and taking back of excess land in possession of the eligible encroachers; (ii) No regularisation of encroachments which have taken place on forest land after 25 - 10 - 1980 will be done; (iii) MoEFs guidelines dated 18 - 9 - 1990 will be strictly adhered to; and (iv) Compensatory afforestation over equivalent non - forest land will be carried for which adequate funds will be made available by the State of Orissa. IA No. 1346 in IA No. 1227 - 28 8. As prayed, four weeks time is granted to file response to recommendations of CEC. SLP (C) Nos. 24951 - 54 of 2005 9. Mr Manjit Singh, Advocate, appears for Respondents 1, 2 and 4. Learned amicus curiae appears for Respondent 3. Response, if any, shall filed within three weeks and rejoinder within two weeks thereafter. 10. As prayed, four weeks time is granted to file response to recommendations of CEC. SLP (C) Nos. 24951 - 54 of 2005 9. Mr Manjit Singh, Advocate, appears for Respondents 1, 2 and 4. Learned amicus curiae appears for Respondent 3. Response, if any, shall filed within three weeks and rejoinder within two weeks thereafter. 10. List the petition along with IA No. 1429 (report of CEC, dated 17 - 1 - 2005) and IA No. 1381 (report of CEC, dated 17 - 8 - 2005). WP (C) No. 589 of 2003 11. None appears for the petitioner. The writ petition is dismissed. SLP (C) No .... of 2006 (CCs Nos. 2637 and 2850) 12. Delay condoned. 13. Issue notice. 14. Ms Rachana Srivastava, learned counsel, accepts notice for the State of Uttaranchal. Copy of the petitions be given to CEC. Response be filed within two weeks. 15. List the petitions in July 2006. Court Masters