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Supreme Court of India · body

2008 DIGILAW 177 (SC)

T. N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA

2008-02-01

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

body2008
ORDER IAs Nos. 1000 with 982-84, 1026-28, 1123-24, 1197-99, 1210-11, 1250-51, 1512, 1485, 1507 and 1412 in WP (C) No. 202 of 1995 1. List on 27-3-2008. NPV matters IAs Nos. 826 in 566 with 955 in 566, 958, 985, 1001-1001A, 1013-14, 1016-18, 1019, 1046, 1047, 1135-36, 1137, 1164, 1180-81, 1182-83, 1196, 1208-09, 1222-23, 1224-25, 1229, 1233 in 1135-36, 1248-49,1253,1301-02, 1303-04,1312,1313,1314,1318,1319 in 1137,1325,1364,1365-66,13701370A, 1371, 1384, 1385-86, 1387, 1434, 1435-37, 1438, 1441 with 1634, 1475-76, 1513, 1573, 1639 in 1135-36 in 1As Nos. 566, 1664, 1665, 1671, 1707, 1779 in 1164 in fAs Nos. 566, 1785-86 in 1As Nos. 1441, /980-81, 2013, 2074-76, 2077-78 in 1441 and 2098 in 1233 in 1135-36 in WP (C) No. 202 of 1995 2. List the NPV matters and buffer matters on 27-3-2008, for the whole day. IAs Nos. 2151-52 in 1A No. 566 3. These applications are filed for permission to survey the forest land in the State of J&K. The prayer is accepted. 4. IAs are allowed accordingly. IAs Nos. 2145-46, 2147-48, 2149-50 and 2153-54 in IA No. 566 5. These applications relate to the national highway projects through forest land. Issue notice to CEC and MoEF. 6. CEC and MoEF may file their report/response within a period of four weeks. Rajasthan (Mining) IAs Nos. 828 with 833, 834-35, 837-38, 846-47, 893-94, 901-02, 903, 904, 1310- 1310A in IA No. 833 in 1As Nos. 828, 1329, 1330, 1331-32, 1450-52 in 1310,2086 in 1329-30 in 1310 in WP (C) No. 202 of 1995 with SLP (C) No. 3353 of 2003, CAs Nos. 7363-65 of 2000 7. List on 29-2-2008. Haryana (Mining) IAs Nos. 828, 839, 840, 850, 853-54, 855-56, 866-68, 869-70, 871-72, 873-74, 875-76, 877-78, 879-80, 881-82, 891-92, 900, 905, 1276-77, 1465, 1488 in 891-92, 1590, 1612-13,2007-08 and 2138-39 in 891-92, 1700-03 in WP (C) No. 202 of 1995 8. List Haryana mining matters with M.C. Mehta matters on 15-2-2008. IA No. 2101 in WP (C) No. 202 of 1995 9. This application is filed seeking permission for using 0.428 ha of forest land falling in the Mahatma Gandhi Marine National Park for laying down pipelines for providing potable water from Dhankari Dam to Port Blair. CEC has examined the project and laid down the following conditions for permitting the project: (i) Approval under the FC Act. This application is filed seeking permission for using 0.428 ha of forest land falling in the Mahatma Gandhi Marine National Park for laying down pipelines for providing potable water from Dhankari Dam to Port Blair. CEC has examined the project and laid down the following conditions for permitting the project: (i) Approval under the FC Act. (ii) NPV to be deposited at the applicable rate in the compensatory afforestation fund along with an undertaking to deposit the additional amount as per the directions of this Hon'ble Court. (iii) 5% of the project cost i.e. Rs 1.5 crores will be deposited in compensatory afforestation fund for carrying out conservation and protection works in the Mahatma Gandhi Marine National Park. (iv) Reef Watch, an institutional member of NBWL will be associated with regard to the placement and the safeguards to be implemented. 10. The learned counsel for the applicant submits that the conditions imposed by the CEC are acceptable to the applicant. The project may be carried out, subject to fulfilling the above conditions. IA is disposed of accordingly. IAs Nos. 2136, 2137, 2140 in WP (C) No. 202 of 1995 11. Issue notice to CEC and MoEF. CEC and MoEF to file their report/response within a period of four weeks. IAs Nos. 2157-59 in WP (C) No. 202 of 1995 12. None present. Applications are dismissed for default. IA No. 1349 in Nos. 1246-47 13. 13053.325 ha forest land in Katni (M.P.) was earmarked for afforestation and put in the land bank for the purpose of carrying out the project. Now the State has cleared 29 ha of land to be used for mining activities stating that for such purpose other land is not available and the area already earmarked for afforestation purpose should be de-linked. MoEF and CEC seek time to file a further report and MoEF may also give the details as to how much land was put in the land bank and how much land was released for de-afforestation under the FC Act because of the certificate of the Government, that no forest land is available. The learned counsel for the State also submits that 29 ha of equivalent other land could be made available for the land bank. The details of such land may be given to the CEC and the CEC may examine whether such land is enough for afforestation purpose. 14. Post on 14-3-2008. The learned counsel for the State also submits that 29 ha of equivalent other land could be made available for the land bank. The details of such land may be given to the CEC and the CEC may examine whether such land is enough for afforestation purpose. 14. Post on 14-3-2008. IAs Nos. 1378-80 in WP (C) No. 202 of /995 15. These applications have been filed making certain allegations regarding the manner in which mining leases have been granted to various persons in the State of M.P. CEC may examine the matter and file a report within a period of six weeks. IAs Nos. /446-47 and 1502 in WP (C) No. 202 of 1995 16. No orders are necessary. IA No. 2065 arising out of Contempt Petition No. 65 of 2007 and IAs Nos. 2114-15 in WP (C) No. 202 of 1995 17. No orders necessary. IA No. 2162 in Application No. 1065 18. This application is filed by the Commonwealth Games Division VI, seeking permission for renovation and upgradation of Dr. Shyama Prasad Mukherjee Swimming Pool Complex, Talkatora falling in the Central Ridge. CEC has examined the project and laid down the following conditions for permitting the project: (a) Approval under the FC Act for the use of the area notified under Section 4 of the Forest Act will be obtained. (b) 5% of the project cost i.e. Rs 7.25 crores will be deposited with the Ridge Management Board for conservation and protection works in the ridge area; and (c) Conditions stipulated by the Ridge Management Board will be strictly complied with. 19. The learned counsel for the applicant submits that the conditions imposed by CEC are acceptable to the applicant. The project may be carried out, subject to fulfilling the above conditions. 20. IA is disposed of accordingly. SLP (C)... CC No. 12541 of 2007 21. Issue notice on the application as well as on the application for stay. 22. The petitioner will supply a copy of this application to CEC. CEC may file its report. IA No. 1796 of 2007 in WP (C) No. 202 of 1995 23. Taken on board. 24. The learned counsel for the applicant seeks permission to withdraw the application. Permission is granted. The application is dismissed as withdrawn. Court Masters