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2006 DIGILAW 968 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2006-08-28

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

body2006
JUDGMENT : I.A.Nos. 1607-1608: I. The application is disposed of in terms of the orders made regarding temporary working permit on 4th August, 2006. I.A.Nos. 1609-1610: 2. The application is referred to Central Empowered Committee (CEC) for its response. Respondent No. 1-Ministry of Environment and Forests (MoEF) may also file its response within four weeks. I.A.No. 1615: 3. Permission sought for by the applicant-State of Uttar Pradesh for use of the land falling within the Chambal Wildlife Sanctuary, the Tortoise Wildlife Sanctuary and the Sohagi Barwa Sanctuary is accorded subject to the following conditions, as stipulated in the CEC report dated 24th July, 2005: (i) in each of the four projects 5% of the project cost will be deposited in the Compensatory Afforestation Fund (CAMPA) for undertaking the conservation and protection measures of the Sanctuary; (ii) the State Government in each of the four cases will take all the mitigative measures suggested by the Chief Wildlife Warden. In addition, appropriate measures for the safety of the wildlife will be taken by the State of U.P. in consultation with the Wildlife Institute of India, Dehradun; (iii) the requisite approval under the F.C. Act for the use of the forest land for the construction of a bridge over River Rohini will be obtained before undertaking the construction work. The NPV as per the applicable rate will be deposited. In the other three projects no forest land is involved and therefore payment of the NPV or obtaining approval under the F.C. Act is not required. On the special facts and circumstances, the recommendation for initiating action against the officer for allowing construction in violation of Courts order is not accepted hoping that the officer will be careful in future. 4. The application is disposed of accordingly. I.A. No. 1623: 5. Permission sought for in the application is allowed subject to the conditions contained in the report of the CEC dated 9th August, 2006. 6. The application is disposed of. I.A.Nos.1413, 1414, 1428, 1440, 1441, 1454, 1459 & 1460: 7. List the applications on 8th September, 2006. I.A.No.4 in Cont.Pet.(C) No. 193/2001: 8. List the application along with the Contempt Petition which shall be listed for hearing in the third week of September, 2006. I.A.No. 1530: 9. 6. The application is disposed of. I.A.Nos.1413, 1414, 1428, 1440, 1441, 1454, 1459 & 1460: 7. List the applications on 8th September, 2006. I.A.No.4 in Cont.Pet.(C) No. 193/2001: 8. List the application along with the Contempt Petition which shall be listed for hearing in the third week of September, 2006. I.A.No. 1530: 9. The permission sought for by the applicant is granted subject to the applicant complying with the conditions stipulated in the report of the CEC dated 5th April, 2006. 10. The application is disposed of accordingly. I.A.No. 1265 in I.A.Nos. 1256-1259 and 1260-1263, 1269, 1286, 1306, 1307, 1539, 1540: 11. We have heard learned counsel appearing for the applicants. The Units have been closed on the reports/orders of the CEC. Having regard to the facts and circumstances, we see no ground to take a different view. The applications filed by the Units (I.A.Nos.1256-59, 1260-63, 1307, 1539 & 1540) are, accordingly, rejected. All other applications are disposed of in view of this order. I.A.No. 1381: 12. Learned counsel for the State of Haryana seeks for and is granted two weeks adjournment to take instructions whether units established after 30th October, 2002 which are said to be more than 300 in number are still operating or the same have been closed down. An affidavit shall be filed by the Chief Secretary, within two weeks, stating as to how many units, established after 30th October, 2002, are still operating explaining the circumstances granting permission for establishment of those units despite the order of this Court dated 30th October, 2002. 13. Adjourned for three weeks. S.L.P.(C) No.24951-24954/2005: 14. To come up along with I.A.No. 1381, I.A.Nos. 1429, 1519-1520: 15. We have perused the report of the CEC dated 17th October, 2006 I.A.Nos. 1429) in respect of issue of license to the wood based industries pursuant to the order dated 30th October, 2002 passed by this Court. Before we make an order on the recommendations, it seems to be reasonable that the CEC may examine the mechanism for working out the surplus timber and file a brief supplementary report within three weeks. Ordered accordingly. 16. Adjourned for four weeks. I.A.No. 1626-1627: 17. Exemption from filing O.T. is allowed. 18. The CEC shall look into the matter and file its response within four weeks. The respondents if need be, may also file their response within the same time.