ORDER : Rajasthan (Mining) I.A. Nos. 828 with 833, 834-835, 837-838, 846-847, 893-894, 901-902, 903, 904, 1310-1310A in I.A. No. 833 in I.A. No. 828, 1329, 1330, 1331-1332, 1450-1452 in 1310, 2086 in 1329-1330 in 1310 in W.P.(C) No. 202/1995 with SLP (C) No 3353/2003, C.A. No. 7363/2000 C.A. No. 7364/2000, C.A. No. 7365/2000 1. CEC has filed its supplementary report dated 26.2.2008. Learned Amicus curiae submitted that the State be asked to file response to the CEC Report. The State is required to indicate the details as to how many mining leases which are in operation. 2. List on 28.3.2008. I.A. No. 208-209, 241-242, 245, 268-269, 1704-1706 and I.A. No. 1710-1712, 2024-2026, 2027-2029, 2030-2032, 2033-2035; 2036-2038, 2039-2041, 2042-2044, 2045-2047, 2048-2050, 2051-2053, 2055-2056 in i.A. 208-209 in W.P. (C)No. 202/1995 with I.A. No. 1692 in I.A. No. 385 in W.P. (C) No. 202/1995 I.A. No. 1950-1951 in W.P. (C) No. 202/1995, I.A. No. 1989-1990 in W.P. (C)No. 202/1995, I.A. No. 1652-1654 in W.P.(C) No. 212/1995 3. As regards 134 saw mills/plywood units in the State of Uttarakhand, CEC has filed supplementary report dated 26.2.2008 categorizing them into three categories and in case of one as a special category. Learned counsel representing the State would like to give response. Two weeks time is granted for the State to give its response. 4. Saw mills/plywood units which are already closed may file further affidavit. 5. List on 28.3.2008. I.A. Nos. 1381 in W.P. (C)No. 202/1995 6. CEC has filed its report and indicated therein that the wood-based industries after 30.10.2002 will be closed immediately and State will frame saw mill rules for regularising wood-based industries after saw mills notified/established by 30.10.2002, are regularised by giving them licences. The State would be at liberty to pass appropriate orders having regard to the Report given by CEC, and availability of wood. As regards penalties already collected by CEC, a separate report may be filed by CEC. I.A. 1429, 1519-1520, 1782-1783, 1812, 1995-1996, 1998-1999, 2014 and 2120 in W.P. (C) No. 202/1995 7. The State of West Bengal seeks time for hearing parties who according to it have not been heard before filing a report as regards Wood-based industries. Four weeks time is granted for filing additional report. I.A. No. 1640 in W.P. (C) No. 202/1995 8. Issue notice to the State and CEC. CEC to file its report within a period of four weeks. Four weeks time is granted for filing additional report. I.A. No. 1640 in W.P. (C) No. 202/1995 8. Issue notice to the State and CEC. CEC to file its report within a period of four weeks. 9. Dasti service, in addition, is permitted. I.A.Nos. in W.P. (C) No. 202/1995 10. The matter relates to manufacturing of Medium Density Fiberboard (MDF) and Particle Board in the States of Punjab, Uttarakhand and Karnataka. CEC has filed its report and stated that there is a growing trend to use more and more MDF/Particle Board in place of industrial timber. The MDF/Particle Board help in reducing the pressure on natural forests. The lops and tops and small wood available from the plantations of eucalyptus, poplar etc. raised on the non-forest area can be used by MDF/Particle Board plants. The CEC has approved these units, subject to the following conditions : (i) the applicant will deposit an amount of Rs. 30.00 and Rs. 50.00 lakh respectively for the establishment of MDF/Particle Board plant and for composite plant for the manufacture of MDF and Particle Board respectively. This amount will be kept in a designated account outside the Consolidated Fund and will be used by the Forest Department for activities identified and related to conservation and protection of forest; (ii) the purchase/lease of the land and order for the plant and machinery will be placed within a period six months failing which the approval will automatically be deemed to have been canceled; (iii) the ownership of the unit will not be transferred including by way of transfer of majority shareholding or change of partners before the unit starts commercial production; and (iv) in addition, for the State of Uttarakhand it has been stipulated that the said unit should be located in an approved industrial estate. For Karnataka it has been further stipulated that; (a) it will be confirmed by the Government of Karnataka in the Forest Department that as per the existing rules/guidelines there is no restriction on the establishment of MDF/Particle Board plants within a distance of 10 km. For Karnataka it has been further stipulated that; (a) it will be confirmed by the Government of Karnataka in the Forest Department that as per the existing rules/guidelines there is no restriction on the establishment of MDF/Particle Board plants within a distance of 10 km. from the boundary of nearby forest; (b) the unit will be located in an industrial estate; (c) as recommended by the State Level Committee, presently, grant of permission upto five MDF/Particle Board units in Kolan/Chikkaballapur Districts and upto 10 units in the remaining Districts will be considered for clearance on the principle of first come first serve with a view to ensure spatial distribution to the extent practical and feasible; and (d) the follow up action on the above decisions will be taken only after a decision in the present IA is taken by this Hon'ble Court. 11. Learned counsel representing these units submitted that all the conditions are acceptable to them and they would deposit the amount given in the report within a period of four weeks. We also make it clear that the units shall be located in the approved industrial estates. 12. Subject to fulfilling the above conditions, the above stated State Governments would be at liberty to grant licences for manufacturing MDF/Particle Board. 13. I.A. is disposed of accordingly. I.A. No. 2143 in W.P. (C) No. 202/1995 14. List No. 27.3.2008. 15. MoEF to file its response in the meantime I.A. Nos. 1424-1425 and 2118 in W. P. (c) No. 202/1995 with W.P. (c) No. 469/2005. 16. CEC has filed its report only qua BALCO. It is alleged that BALCO is in possession of illegal encroachment to the extent of forest land/Revenue forest land, they are using the forest land for non- forest purpose. BALCO may file its response about the report of CEC. Meantime, BALCO shall not cut/remove trees, if any. Forest Department/Revenue Department shall not permit to remove the trees which are already cut. 17. Learned counsel appearing for BALCO seeks time to file its response. 18. It is also alleged that illegal mining activities are being done in the State of Chhattisgarh. CEC may file its response to the counter affidavit filed by the State. 19. Mr. Anil Lunia may file his response to the counter affidavit filed by the State Government. 20. Meanwhile, no forest land shall be used for non-forest purpose. 21. 18. It is also alleged that illegal mining activities are being done in the State of Chhattisgarh. CEC may file its response to the counter affidavit filed by the State. 19. Mr. Anil Lunia may file his response to the counter affidavit filed by the State Government. 20. Meanwhile, no forest land shall be used for non-forest purpose. 21. It is alleged that there are violation of conditions for laying of pipelines for 63 km. in forest land in Bastar. CEC may also file its report in the meanwhile. 22. List on 11th April, 2008. I.A. No. 2155 in W.P.(C)No. 202/1995 and I.A. No. 2156 in W.P.(C) No. 202/1995. 23. Issue Notice 24. Cec to file its response. W.P. (C)No. 251/2006 25. Going by the allegations made in the writ petition, we do not think that the same can be entertained by this Court. Learned counsel for the petitioner seeks permission to withdraw the petition with liberty to avail appropriate remedy against the State of Assam, if any. The writ petition is dismissed as withdrawn.