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Supreme Court of India · body

2008 DIGILAW 664 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2008-04-04

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

body2008
ORDER : K.G. Balakrishnan, CJI., Mr. A.D.N. Rao, learned counsel is appointed as amicus curiae. I.A.No.2167 WITH I.A.NO.1440 IN 1413 IN W.P.(C)No.202/1995 WITH I.A.No.2217-2218 IN 2167 IN W.P.(C)No.202/1995 WITH I.A.NO.2166,2168,2169,2170 IN I.A.NO.1413,1414, 1426, 1428, 1454,1459,1460,1662-1663, 1675, 1778, 2005-2006, 2121-2125, 2127-2128, 2130-2132, 2133, 2177-2178, 2179-2180, 2181-2182, 2183-2184, 2126, 2129, 2216, 2222 IN 1413 IN W.P.(C) NO.202/1995 WITH I.A.NO.2163 IN 1413 (CEC 4TH REPORT) IN W.P.(C) NO.202/1995 2. List on 25.4.2008 along with the matters of M/s. Lanco, Teesta, Jindal and POSCO i.e. I.A. Nos.2167 in IA 1440, I.A.Nos. 2166, 2169, 2170, 2126, 2129, 2163, 2164 in I.A.No.1413. 3. Rest of the I.As. may be listed on 2.5.2008. I.A.NO.2143 IN W.P.(C) NO.202/1995. 4. List on 2nd May, 2008. In the meanwhile learned Solicitor General may file response. I.A.NO.990 IN 860 & 863 IN W.P.(C) NO.202/1995 5. Learned counsel for the State of Karnataka seeks and is granted three weeks time for filing affidavit. I.A.NO.2105-2107 & 2206-2207 IN W.P.(C) NO.202/1995 6. Application for substitution is allowed. I.A.NO.2108-2109 IN W.P.(C) NO.202/1995 7. These applications are filed seeking permission for establishment of MDF/Partical Board Plant in the State of Karnataka. This Court had disposed of similar matters on 29.2.2008 in I.A.No.1797. These applications are also disposed of in terms of the order passed on 29.2.2008 in I.A.No.1797. 8. Response of CEC be filed within four weeks. I.A.NO.2155-2156 IN W.P.(C) NO.202/1995 9. CEC seeks and is granted four weeks time to file reply. 10. Adjourned to 9.5.2008. 11. M/s. Milestone Power Generation Ltd. has filed application seeking permission for the use of Forest Land falling in Nargu Wildlife Sanctuary in Mandi, H.P. for construction of 1.5 MW hydro power project. CEC has examined and subject to the following conditions has approved the project: (a) for use of the forest land approval under the FC Act will be obtained. (b) 5% of the project cost will be deposited in the Compensatory Afforestation Fund for undertaking conservation and protection measures in the Nagru Wildlife Sanctuary; (c) the NPV at the present rate will be deposited in the Compensatory Afforestation Fund along with an undertaking to pay additional NPV as per the decision by this Hon'ble Court; (d) the conditions imposed by the Chief Wildlife Warden for the implementation of the project will be strictly followed; and (e) adequate arrangements for meeting the energy needs of the labourers working on the project will be made. No labour camp will be established inside the forest area or within the Sanctuary. 12. Subject to fulfilling the above conditions, permission is granted. I.A. is allowed. I.A.NO.2172-2174 IN W.P.(C) NO.202/1995 13. Learned counsel for the State seeks and is granted four weeks time to file counter affidavit. The State shall not pass any application pending before it for regularisation or encroachment. I.A.NO.2185 IN I.A.728 IN W.P.(C) NO.202/1995 14. List on 9.5.2008. In the meanwhile CEC to file its response. 15. Issue notice. Learned Additional Solicitor General accepts notice. 16. Two weeks time is granted for filing response. List on 25.4.2008. In the meanwhile, in respect of Golf Driving Range and Children Corner areas status quo as on today shall be maintained.