ORDER : 1. All the applications for exemption from filing O.T. are allowed. I.A. No. 460 : 2. As requested by the learned Solicitor General, three weeks' further time is granted for responding to the various points raised by the learned Amicus in his report. Reply by the learned amicus to the said response of the Solicitor General, if any, be filed before the next date fixed. 3. An application has been filed by the State of U.P. inter alia for permitting it to remove the trees on the roads proposed to be constructed, the details whereof are as under : (i) Kheria Air Port Road to Taj Mahal (Eastern Gate) Via Mall Road and Shashtri Crossing (Length 5.56 Km). (ii) Shashtri Crossing to Hotel Trident Crossing Via Hotel Mughal Sheraton (Length 3 Kms) (iii) Hotel Trident Crossing to 10th Km. Mile Stone on Agra Fatehabad Road Via J.P. Hotel (Length 3.06 Kms.) (iv) J.P. Crossing to Taj Eastern Gate (Length 2.35 Kms.) TOTAL Trees 2332 4. By an order dated 27.11.2006, had asked Mr.Vijay Panjwani, learned counsel to seek instructions in the matter in that behalf from the Central Pollution Control Board. Learned counsel on instructions submits that it is crucial that a "quick environment impact assessment" is carried out in respect of the project in question. The learned amicus also submits that in absence of the entire project being placed before this Court, it would not be possible for him to respond to the said application filed by the State of U.P. According to the learned amicus, whether any approval of the concerned department for felling of trees have been obtained or not may itself be an issue. 5. We would, therefore, direct the State of U.P. to file an additional affidavit annexing therewith a copy of the proposed project. A statement may also be made therein as to whether any environment impact assessment has been carried out by the competent authority and, if not, whether the State of U.P. proposes to approach the competent authority in that behalf. The Central Pollution Control Board is directed to file its response to the said application by way of an affidavit affirmed by a responsible officer. 6.
The Central Pollution Control Board is directed to file its response to the said application by way of an affidavit affirmed by a responsible officer. 6. We would also request the learned Solicitor General to seek instructions as to whether the project has received approval of the competent authority of the Central Government and, if so, whether the statutory requirements have been complied with before grant of such approval. Such affidavits may be filed within three weeks. Put up after three weeks. 7. Put up after three weeks. I.A. No. 404 : 8. By an order dated 18.9.2003, this Court directed the Central Bureau of Investigation to carry out investigation in relation to the matters specified therein. A First Information Report was lodged on 5.10.2003, pursuant thereto or in furtherance thereof. They filed a writ petition before the Lucknow Bench of the Allahabad High Court, praying, inter alia, for the following reliefs : "(a) a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 5.10.2003 which has been registered as Case No.11 of 2003, R.C. No.18 of 2003 U/S. 120-B read with Section 420, 467, 468, 471 IPC and under Section 13(2) read with 13(1) of the Prevention of Corruption Act, 1988, as contained in Annexure No.4 to this Writ Petition." 9. The said writ petition was disposed of by a Division Bench of the High Court by its judgment and order dated 29.10.2003 directing : "Considering the law laid down by the Apex Court in Joginder Kumar's case ( 1994 (4) SCC 260 ), and the nature of allegations made against all the three petitioners before this Court and other attending circumstances, we dispose of all the three writ petitions by providing that the petitioners in all the three writ petitions will not be arrested in the crime in question, till the conclusion of the investigation, but they shall co- operate with the ongoing investigation and will not leave the country without written permission of the court, having jurisdiction to take cognizance of the offences on the police report." 10.
The learned amicus has filed this application inter alia praying for the following reliefs : "Considering the correctness and propriety of the October 222, 2003 order of the Lucknow Bench of the Hon'ble High Court of Judicature at Allahabad passed in Writ Petition 5300 of 2003 (M/B) connected with Writ Petition 5315(M/B) of 2003 and Writ Petition 5341 (M/B) of 2003 and pass appropriate orders thereon." 11. Before this Court, the CBI has submitted its final report. The said matter has been disposed of by this Court in terms of its judgment dated 27.11.2006. The learned amicus, however, submits that in view of the nature of the order passed by this Court on 27.11.2006, neither a writ petition should have been entertained by the High Court nor the directions, as noticed hereinbefore, should have been issued in terms of the said order dated 22.10. 2003. It was urged that the High Court having regard to the 'judicial discipline', ought to have referred the matter to this Court. 12. In view of the nature of the order passed by the High Court, we are of the opinion that this application has become infructuous inasmuch as the order passed by the High Court has already been worked out. In the aforementioned situation, in our opinion, it is not necessary for us to make any comment on the maintainability of the writ petition or the merit of the order passed by the High Court. This application is, therefore, disposed of accordingly. S.L.P.(C) No...CC 12071/2005 13. We had requested the learned amicus to take note of the contents of this SLP and make submissions thereon. Learned amicus seeks and is granted three weeks' further time for the said purpose. Put up after three weeks. I.A. No. 462 : 14. Issue notice. 15. Mr. Wasim A. Qadri, Advocate accepts notice on behalf of the State of U.P. The Department of Industries shall file counter affidavit within two weeks and rejoinder thereto, if any, may be filed within one week thereafter. 16. List all the I.As. after three weeks.