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Supreme Court of India · body

2008 DIGILAW 1368 (SC)

T. N. GOOAVARMAN THIRUMULPAO v. UNION OF INDIA

2008-08-13

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

body2008
ORDER 1. The matters directed to be listed for 22-8-2008 will be taken up 01 1-9-2008. Similarly, the matters which are listed on 29-8-2008 shall also be listed thereafter. IAs Nos. 1485 and 1507 2. These matters relate to the diamond mining project at Panna (M.P.).The project area is falling within the Panna National Park/Wildlife Sanctuary. This project was examined by the Central Empowered Committee and it has approved, subject to fulfilment of the following conditions: (i) Net present value as per the applicable rate will be deposited by NMDC for 74.018 ha under its possession and 70.202 ha of forest land used for earthen dam; (ii) 5% of the capital cost incurred on diamond mining project will be deposited for undertaking conservation and protection in the Panna National Park and Panna (Gangao) Wildlife Sanctuary; (iii) A proper mine closure plan, which includes reclamation and rehabilitation measures, will be drawn and implemented at the cost of National Mineral Development Corporation Ltd.; (iv) The Notification dated 12-4-2006 issued by the appropriate authority will be withdrawn; (v) A Monitoring Committee under the chairmanship of the Chief Wildlife Warden with the Member-Secretary, National Tiger Conservation Authority, Field Director, Panna National Park and a non-official Member of the National Board for Wildlife (to be nominated by the MoEF) as its members will be responsible for, (a) Approval of the mine closure plan; (b) Prescribing and monitoring of various safeguards for operation of the mines; (c) Approval and monitoring of the annual work plan for utilisation of funds received from NMDC towards the NPV and 5% of the project cost. We nominate Ms Belinda Wright, as a non-official Member in the above said Monitoring Committee. 3. The above conditions are acceptable to NMDC and the project is approved subject to fulfilment of the above conditions. Applications are disposed of accordingly. IA No. 2019 4. The applicant, Tamil Nadu Electricity Board proposes to execute Kundaw Pumped Storage Hydro Electric Project in Nilgiris District (T.N.). According to it, about 437 trees are to be cut and removed for the purpose of the said project including that of the proposed approach road. 5. Applications are disposed of accordingly. IA No. 2019 4. The applicant, Tamil Nadu Electricity Board proposes to execute Kundaw Pumped Storage Hydro Electric Project in Nilgiris District (T.N.). According to it, about 437 trees are to be cut and removed for the purpose of the said project including that of the proposed approach road. 5. The CEC has examined the project and approved the same, subject to fulfilment of the following conditions: "(i) Felling of 120 trees may be permitted for construction of the proposed approach road; (ii) Felling of 276 trees for the right of way may not be permitted as these trees are not likely to cause any hindrance to laying of transmission line. Instead, permission may be granted for pruning of these trees to facilitate stringing operation of the transmission line; (iii) Felling/pruning of trees should be done after obtaining approval under the Forest (Conservation) Act, 1980 for non-forest use of forest land for the project." 6. Subject to fulfilment of the above conditions, permission is granted to the Tamil Nadu Electricity Board. IA is disposed of accordingly. IAs Nos. 2255-56 7. Issue notice. CEC will examine the feasibility of reconstruction of the building sought to be constructed by the applicants and other relevant aspects and will file its reply/response within six weeks. List as soon as the report is made available. IAs Nos. 2278-79 8. Adjourned. IA No. 2283 9. Post along with IA No. 2143. IA No. 2296 10. Adjourned. IA No. 2297 11. Adjourned. IAs Nos. 2299-2300 12. Issue notice to CEC and State of M.P. List on 5-9-2008. Meanwhile, reply, if any, may be filed. WP (C) No. 356 13. List on 26-9-2008. Court Masters