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Supreme Court of India · body

2007 DIGILAW 1329 (SC)

T. N. Godavarman Thirumulpad v. Union Of India

2007-09-07

ARIJIT PASAYAT, K.G.BALAKRISHNAN, S.H.KAPADIA

body2007
Judgment : I.A.Nos.828 with 833, 834-835, 837-838, 839, 840, 846-847, 850, 853-854, 855-856,866-868,869-870, 871-872, 873-874, 875-876, 877-878, 879-880,881-882, 891-892, 893-894, 900, 901-902, 903, 904, 905, 1276-1277, 1310-1310A in I.A.No.833 in I.A.No.828, 1329, 1330, 1331-1332, 1450-1452 in 1310, 1465, 1488 in 891892, 1590, 1612-1613, 2007-2008 & 1700-1703 in W.P.(C) No.202/1995: Issue notice to C.E.C. in fresh matters. List on 14 September, 2007. Meanwhile, C.E.C. to file its response where-ever not filed. I.A.No.2016: Heard learned Amicus Curaie and also learned Solicitor General for India. Learned Amicus Curaie expressed the view that the C.E.C. should continue to assist the Court and that is why the C.E.C. was appointed and the final Notification was made by MoEF on 17 September, 2002 and it is submitted that the continuation of this Committee would help this Court to issue appropriate directions for the protection of the forests and also the environment. The learned Solicitor General for India pointed out that C.E.C. has been appointed, and the powers are to be exercised under Section 3(3) of the Environment (Protection) Act, 1986. It is pointed out that some powers which are to be exercised under sub-sections (4) & (5) by the Notification dated 17 September, 2002 have been given to the C.E.C. which are beyond intended delegation and these cause serious administrative problems for the Central Government. Our attention was particularly drawn to clauses II, III, IV and V of para 2 of the Notification in this connection. As an interim measure, we direct that the said C.E.C. will continue until further orders and the learned Solicitor General would give a brief report within a period of four weeks as to the modifications that are required in the Notification issued on 17 September, 2002. List after four weeks. I.A.No.1991: In this application, the applicant is seeking a direction for construction of a bus stand. It is alleged that the C.E.C. has prevented the applicant from constructing some parking area near the bus stand. We are told that the C.E.C. is proposing to inspect the site and shall give a report. We think that before giving any direction to the applicant, the C.E.C. may hear the applicant and file a report and meanwhile the work relating to the construction of bus stand may continue but no other construction shall be carried out. List after six weeks. We think that before giving any direction to the applicant, the C.E.C. may hear the applicant and file a report and meanwhile the work relating to the construction of bus stand may continue but no other construction shall be carried out. List after six weeks. I.A.No.1699: This application relates to construction of a road by N.H.A.I. Originally the alignment was permitted and it is alleged that the original proposal was interfered with as there is some wildlife sanctuary and forest area. Thereafter the matter was considered and the alignment was changed. We may also recall in this connection that the change of alignment was challenged by the same applicant in a writ petition before this Court and the same was dismissed by this Court on 27 March, 2006. Now a contention has been raised by the applicant that the alignment should not have been changed and the original alignment should have been retained without any change. Learned Solicitor General appearing for MoEF also submitted that N.H.A.I. is going ahead with the construction on the basis of the changed alignment. We find no reason to give any direction in this application. Accordingly, the application is rejected. I.A.No.1797: As requested, five weeks' time is granted to C.E.C. to file its response. List thereafter. I.A.No.1860: Adjourned. I.A.No.1861: Adjourned. I.A.No.1865: The matter is referred to C.E.C. for instructions and report, if any. I.A.Nos.1866-67: The matters are referred to C.E.C. for instructions and report, if any. I.A.No.1801: The matter relates to use of forest land falling in Delhi ridge for the construction of bridge over the Neela Hauz water body at Aruna Asaf Ali Road, New Delhi. The C.E.C. has examined and recommended the same subject to the fulfillment of the following conditions : "1. Requisite approval under F.C. Act to be obtained. 2. Clearance from the Delhi ridge management board to be obtained. 3. Deposit of NPV for the forest land in the compensatory afforestation fund along with an undertaking to pay additional amount as per the directions of this Hon'ble Court. 4. 5% of the project cost to the deposited for the conservation and development of the Delhi ridge. 5. The existing road at the "S" bend measuring 565 m. approx. in length and 7.5 m. in width shall be completely dismantled and the malba there shall be removed and trees shall be planted. 6. 4. 5% of the project cost to the deposited for the conservation and development of the Delhi ridge. 5. The existing road at the "S" bend measuring 565 m. approx. in length and 7.5 m. in width shall be completely dismantled and the malba there shall be removed and trees shall be planted. 6. As far as practicable, instead of felling of trees they will be translocated. 7. As far as feasible, compensatory afforestation shall be carried out adjacent to the impact area." Government of NCT of Delhi agrees to abide by the above conditions. The application is allowed, subject to the fulfillment of the above conditions. I.A.No.1802: List after two weeks. C.A.Nos.8133, 8134 & 8135/2003: Adjourned by six weeks.