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2008 DIGILAW 477 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2008-03-07

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

body2008
ORDER : I.A. No. 2167: 1. The C.E.C. and the MOEF have filed their respective reports. Learned senior counsel appearing on behalf of M/s. Jindal Steel and Power Ltd. seeks time to file documents to prove the demarcation of 111.409 ha. of land which is to be in possession of the Forest Department. 2. List on 28th March, 2008 along with I.A. No. 1440. I.A. Nos. 2166, 2168, 2169, 2170 in I.A. Nos. 1413, 1414, 1426, 1428, 1454, 1459, 1460, 1662-1663, 1675, 1778, 2005-2006, 2121-2125, 2127-2128, 2130-2132, 2177-2178, 2179-2180, 2181-2182, 2183-2184 in 1413 in W.P. (C) No. 202/1995 with 2126 and 2129: 3. In re: 4th, 5th, and 6th Reports of the C.E.C.: 4. The newly constituted C.E.C. is to meet shortly and it will examine these proposals afresh and the learned Solicitor General for India has submitted that the MOEF if required will file its response to the further report. The facts stated in the report already filed by MOEF would also be taken into consideration and a fresh report would be submitted within three weeks. List on 28th March, 2008. I.A. No. 2163: 5. In this application, the applicant seeks diversion of 89.4266 ha. of forest land for the purpose of implementation of Stage VI of the Teesta Hydroelectric Project. The C.E.C. has expressed some doubt as to whether extensive study had been done in the matter of this project. Learned senior counsel appearing for the applicant-Lanco Energy Pvt. Ltd. states that extensive study has already been done but the material has not been looked into by the C.E.C. and is prepared to handover all the records to the C.E.C., so that the newly constituted C.E.C. can examine this material and express its opinion by 28th March, 2008. 6. Learned Solicitor General for India will extend all the co-operation if necessary when the newly constituted C.E.C. examines the matter. 7. Post this matter as 1st item on 28th March, 2008. I.A. Nos. 1866-67 and 2060-61: 8. Madhya Pradesh State Electricity Board proposes to erect high tension transmission lines across Sidhi Mauganj DCSS and LILO-Birsinghpur Rewa (across one river notified as Ghariyal sanctuary). The proposal was examined by C.E.C., which has recommended the project subject to certain stipulations and conditions. Subject to fulfillment of the stipulations and conditions imposed by the C.E.C., which are acceptable to the Board, the project is cleared. The applications are disposed of. The proposal was examined by C.E.C., which has recommended the project subject to certain stipulations and conditions. Subject to fulfillment of the stipulations and conditions imposed by the C.E.C., which are acceptable to the Board, the project is cleared. The applications are disposed of. W.P. (C) No. 202/1995 etc. I.A. No. 1024 in 502: 9. Adjourned by six weeks. The C.E.C. and the Andaman & Nicobar Administration to file their respective response in the meanwhile. I.A. No. 1789: 10. By this application, Ministry of Defence, has sought permission for widening and improvement of the Jauljibi-Tawaghat section of the Pithoragarh-Tawaghat Road. The C.E.C. has examined the matter and subject to fulfillment of the following conditions, has recommended acceptance of the prayer : 1. for use of the forest land, approval under the F.C. Act will be obtained; 2. NPV at the present rate will be deposited in the Compensatory Afforestation Fund alongwith an undertaking to pay additional amount as per directions of this Hon'ble Court. 3. 5% of the project cost will be deposited in the Compensatory Afforestation Fund for undertaking conservation and protection works in the Askote Wildlife Sanctuary; 4. labour camps will be established only in the locations approved by the Chief Wildlife Warden; W.P.(C) No. 202/1995 etc. 5. no dumping of the debris will be allowed inside the Sanctuary. The dumping will be done outside the sanctuary at the places approved by the Chief Wildlife Warden; and 6. the conditions imposed by the Chief Wildlife Warden for undertaking the works will be strictly complied with. 11. The applicant can go-ahead with the project, subject to fulfillment of the above conditions. The application is disposed of accordingly. I.A. No. 1804: 12. Reply, if any, may be filed within four weeks. List thereafter. I.A No. 1992: 13. List along with I.A. No. 1000 etc. (buffer matter) I.A. No. 2144 14. List after four weeks I.A. No. 2176 15. Issue Notice to C.E.C. A copy of the application may also be given to C.E.C. I.A. Nos. 170 to 175 in W.P. (C) No. 460/04: 16. Issue notice. 17. Respondent/applicant would be at liberty to approach the National Board for Wildlife to consider the feasibility of having the W.P. (C) No. 202/1995 etc. 18. Mining operation near the sanctuary area. Issue Notice to C.E.C. A copy of the application may also be given to C.E.C. I.A. Nos. 170 to 175 in W.P. (C) No. 460/04: 16. Issue notice. 17. Respondent/applicant would be at liberty to approach the National Board for Wildlife to consider the feasibility of having the W.P. (C) No. 202/1995 etc. 18. Mining operation near the sanctuary area. If any such matter is placed before the Wildlife Board, the Board may examine the same and take a decision within a period of six weeks. The decision be placed on record. W.P. (C) No. 91/05: 19. Learned counsel for the petitioner seeks permission to withdraw the writ petition. Permission sought for is granted. The writ petition is dismissed as withdrawn.