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2006 DIGILAW 73 (SC)

T. N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA

2006-01-20

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

body2006
ORDER IA No. 1462 1. List IA No. 1408 along with this application. IA No. 704 2. Learned counsel appearing for the applicant has no objection to the recommendations made by CEC in its report dated 25-11-2005 which are to the following effect: (i) no felling of any type may be permitted in the forest area falling inside the national parks and sanctuaries (in 36,537 ha) and natural forest falling outside the national parks/sanctuaries (in 42,082); (ii) no felling of trees including by way of silvicultural operations such as thinning, etc. may be permitted in the plantations in the forest area above the 1000 metre altitude (in 13,402 ha). Here, the felling and the replacement of the existing plantation of exotic species by the miscellaneous plantations of the indigenous species in four sample plots with the maximum area of 2 ha each may be allowed for the next five years. After observing the results of such sample plots, if found necessary, further relaxation may be considered at that stage; (iii) thinning and other silvicultural operations may be permitted in the forest area between 500 metre to 1000 metre altitude (in 8362 ha); and (iv) felling of the plantations may be permitted in the forest area below the 500 metre altitude (in 5406 ha). 3. This application is disposed of in terms of the •aforesaid recommendations of CEC. IA No. 740 4. The application of the State Government is accepted to the extent and subject to what is contained in paras 6 and 7 of the CEC Report dated 25-11-2005. It is, however, noted that permission for collection of boulders and sand from the river beds falling inside the sanctuaries would be applicable also to District Jalpaiguri in addition to District Darjeeling. The IA is disposed of. IAs Nos. /1/7-18 5. CEC has reported that the specific information sought for, as stated in para 8 from Sl. Nos. (i) to (vi) has not been furnished by the State Government in spite of ample opportunities. The report is dated 25-11-2005. The State Government has not filed any response thereto. Counsel' for the State, Mr Anis Suhrawardy, is not present. The counsel present on his behalf is unable to assist the Court. He has no instructions. We direct the State Government to supply to CEC the information sought for in para 8 of the report dated 25-11-2005 within a period of two weeks. Counsel' for the State, Mr Anis Suhrawardy, is not present. The counsel present on his behalf is unable to assist the Court. He has no instructions. We direct the State Government to supply to CEC the information sought for in para 8 of the report dated 25-11-2005 within a period of two weeks. On receipt of that information, CEC should examine the matter and submit its report. IA No. 1471 6. MoEF and CEC may file response within two weeks. Adjourned for three weeks. IA No. 1458 7. Mr Vahanvati, learned Solicitor General states that the State Government has granted the approval as contemplated in the order dated 16-12- 2005. The order dated 16-12-2005 would continue till further orders. 8. List on 3-2-2006. IAs Nos. 1010, /150 9. We have heard Mr V.V. Lalit, learned Amicus Curiae, Mr G.E. Vahanvati, learned Solicitor General and Mr K.K. Venugopal, leaned Senior Counsel and examined the report of CEC dated 18th January as also the letter dated 10-8-2004 and response of MoEF by letter dated 13-9-2004. It is evident that the constitution of the Monitoring Committee by MoEF is not in consonance with the directions of this Court contained in the judgment dated 30-10-2002. MoEF is directed to constitute a Monitoring Committee in terms of the said judgment within a period of one week. 10. The Central Empowered Committee shall examine and assist this Court on the name of an expert body to be appointed to report on the closure of Kudremukh mine in general, but in particular on the issue of slope stability. 11. List on 3-2-2006. IA No. 1374 12. Learned counsel seeks leave to Gwithdraw this application. The application is dismissed as withdrawn. IA No. /177 13. We direct the State of Rajasthan to explain by filing an affidavit as to why the State Government did not send compliance report to MoEF in respect of the applicant when it was sent in respect of 19 leaseholders, as stated in the affidavit dated 29-11-2005 filed by Mr Devi Shankar Maru, Additional Director (Mines), Government of Rajasthan, Udaipur. The affidavit shall be filed within ten days. 14. List on 3-2-2006. [As Nos. 1235-37 15. The applicant shall first approach CEC. The application is disposed of accordingly. WP (C) No. 897 of 1996 16. List after four weeks. Court Masters