ORDER : I.A.No.77 in W.P.(C)No.337/1995 : 1. Heard learned AAG for the State. 2. The State of Uttarakhand proposes to lay down pipeline for supply of drinking water to the Askot Wildlife Sanctuary in district Pithoragarh and permission is sought for transfer of 3.40 ha.of reserve forest land for this purpose. The C.E.C. was directed to go through the proposal and propose the terms and conditions as it may deem fit. The C.E.C.'s recommendations have been received. Subject to the fulfillment of the conditions as contemplated by C.E.C., this application is allowed. I.A.No.277 : 3. The matter pertains to some of the saw mills in the erstwhile State of Uttar Pradesh, now a part of the State of Uttarakhand. This I.A. has become infructuous and dismissed as such since a new State (Uttarakhand) had already been carved out of U.P. The State of Uttarakhand, if so advised, may move a fresh application, if they think fit. I.A.Nos.717-719 : 4. These applications are already covered by the orders passed by this Court earlier, based on the recommendations of the C.E.C. The applications are disposed of accordingly. I.A.No.1804 : 5. Issue notice to MoEF, C.E.C. and the State of Karnataka. Reply, if any, may be filed within four weeks. I.A.No.1812 : 6. Post along with I.A.NO.1429. I.A.No.1992 & SLP(C)..... /07 CC 6426 7. Issue notice on the application as well as on the special leave petition. C.E.C. to file its response within four weeks. I.A.No.1967 : 8. The applicants herein sought for mining lease for an extent of 516.518 ha. of land out of which 481.985 ha. is claimed to be barren, rocky and wasteland. The property lies in the Aravali range and this Court passed a detailed judgment in this connection on 18 March, 2004 reported in 2004(12) SCC p.118. Learned counsel for the applicants submit that the Ministry of Environment & Forests (Government of India) by its letter dated 28 July, 2006 has granted permission to the present applicants subject to certain conditions which are stated in the said order. Learned senior counsel appearing for the State of Haryana, though has not filed any affidavit but on instructions submitted that the State of Haryana has also no objection in granting permission to these licensees to go-ahead with the mining activity.
Learned senior counsel appearing for the State of Haryana, though has not filed any affidavit but on instructions submitted that the State of Haryana has also no objection in granting permission to these licensees to go-ahead with the mining activity. As per the directions contained in the judgment, this Court has not received any report from the concerned Monitoring Committee which is appointed by this Court in the said judgment. 9. Issue notice to the Monitoring Committee. Ministry of Environment and Forests will take notice, as the Nodal Agency as per paras 91 and 92 of the said judgment, and shall see that the Committee shall file its response at the earliest, within a period of four weeks. 10. List on 7 September, 2007. I.A.No.1785 in W.P.(C)No.4677/1985 : 11. List on 7 September, 2007. I.A.Nos.1331-32 in 1310 : 12. Issue notice. C.E.C. to file its response within four weeks. 13. List on 7 September, 2007. I.A.Nos.837-838,839, 840, 846-847, 850, 853-854, 855, 866-68, 869-70, 871-72, 873-74 with 1700, 875-76 with 1701, 877-78 with 1702, 879-80 with 1703, 881-82 with 1703, 891-92, 893- 94, 900, 905 : 14. Issue notice. C.E.C. to file its response within four weeks. 15. List on 7 September, 2007. I.A.No.1276-77 : 16. List on 7 September, 2007. I.A.Nos.1329-30 : 17. State of Rajasthan is directed to file its response, if any, to the report of C.E.C. within four weeks. I.A.Nos.1450,1451 and 1452 : 18. List along with I.A.Nos.1331-32. I.A.No.1488 in 891-92, 1590, 1612-13 with 2007-08 : 19. Issue notice. C.E.C. to file response within four weeks. 20. List on 7 September, 2007. SLP(C)No.3353/2003 : 21. The State seeks to vary the interim order passed by this Court. The State shall file an affidavit as to whether the area under question falls within the forest or not within four weeks. 22. A copy of the special leave petition be furnished to the learned Amicus Curaie. I.A.No.1037 in 1008 and 1009 : 23. The applicants in these applications allege that there was large scale felling of trees in and around the area of Tehri Hydro Development Corporation near Tehri Dam. The matter was referred to the C.E.C. and approval has been granted under the F.C.Act for the rehabilitation of the Tehri Dam oustees and it was necessary to find out a suitable place where the trees have to be cut.
The matter was referred to the C.E.C. and approval has been granted under the F.C.Act for the rehabilitation of the Tehri Dam oustees and it was necessary to find out a suitable place where the trees have to be cut. The applicants have made certain wild allegations in the application implicating the Forest Minister and also a Member of the C.E.C. When the application is called, the applicants are not present either in person or through counsel and the allegations made in the complaint are apparently not true. Learned AAG for the State submits that one of the applicant/petitioner no.9 has been involved in series of offences and is in custody under the Wildlife Act. 24. The applications are dismissed accordingly. I.A.No.1174 : 25. The State is directed to file its response within four weeks. I.A.No.1178 : 26. In this application, a public interest litigant, has alleged that there is large scale illegal mining operations in the District of Shivpuri district of Madhya Pradesh and the applicants allege that because of this illegal mining, there is a serious threat to the ecology and the C.E.C. has inspected in that background and has given certain recommendations. It is recommended that the Chief Conservator of Forests and the Chief Secretary of Madhya Pradesh should periodically review the status of effectiveness of protective measures taken in Shivpuri. The status of implementation of various measures for controlling illegal mining in Shivpuri should be placed through an affidavit to be filed by the Chief Secretary, M.P., every six months. No mining lease including renewal of mining leases should be permitted upto 250 mtrs from the boundary of any forest area. All existing mining leases, including mining leases renewed, should be cancelled forthwith. It was also suggested that no mining leases should be sanctioned/renewed without the Forest Department issuing 'No Objection Certificate' to the effect that the mine is located at least 250 mtrs away from the forest area and that the proposed mining lease is not likely to adversely affect conservation and protection of forest. It was further suggested that because of large scale illegal mining operations if any damage has been caused, the State should take appropriate steps to recover damages from the persons who are responsible for it and it has also made certain other recommendations. 27.
It was further suggested that because of large scale illegal mining operations if any damage has been caused, the State should take appropriate steps to recover damages from the persons who are responsible for it and it has also made certain other recommendations. 27. The State is directed to file its response to the various recommendations of the C.E.C. within four weeks. I.A.No.1179 : 28. List after four weeks.