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Supreme Court of India · body

2009 DIGILAW 1411 (SC)

T. N. Godavarman Thirumulad v. Union of India

2009-07-17

AFTAB ALAM, K.G.BALAKRISHNAN, S.H.KAPADIA

body2009
ORDER : IA 2211 in I.A. Nos. 1424-1425 in W.P.(C) No. 202 of 1995: WITH W.P.(C)NO.469/2005: 1. List on 21.08.2009. I.A. Nos. 2544-2545, 2572-2573, 2548-2549, 2065, 2114-2115, 2489, 2551-2552, 2553-2554, 2559-2560, 2561-2562, 2563-2564, 2565-2566, 2592-2593 in W.P.(C) No. 202/1995 with W.P.(C) No. 117/2008 and W.P.(C) No. 547/2008 and W.P.(C) No. 43/2009 and W.P.(C) No. 55/2009 2. Let notice be issued to C.E.C. and the State of U.P. in all fresh matters. Reply/response, if any, may be filed within four weeks. I.A. Nos. 2481-82: 3. These matters relate to saw mills. These saw mills are not functioning at present. Some of the applicants contend that these saw mills were in existence since long. The State may file its response within six weeks to the effect as to whether any more additional saw mills can be accommodated depending upon the availability of wood. The State Level Committee may take appropriate decision regarding these matters within three months. 4. List on 13.11.2009. I.A. Nos. 2556-58: 5. The applicant herein was given license to run a saw mill on compassionate grounds. Applicant now says that the original license was transferable and hence, the license given to him should also be transferable. We do not propose to go into such disputes in these proceedings. The applicant would be at liberty to take other appropriate steps in this regard. 6. I.A.s are disposed of accordingly. I.A. Nos. 2585-2586, 2588-2589, 2590-2591 in W.P.(C) No. 202/1995: 7. Issue notice to C.E.C./MoEF. Reply, if any, may be filed within four weeks. I.A. Nos. 2599-2600 in 2167 in W.P.(C) No. 202/1995: 8. The applicant herein sought permission for mining activities. F.A.C. has considered the application and rejected it. The grievance of the applicant is that they were not heard and they are not aware if any decision/order has been taken/passed in this application. We are told that MoEF, pursuant to the recommendation of F.A.C., has already taken a decision in the matter. A copy of the order of MoEF may be furnished to the applicant herein. The applicant would be at liberty to seek appropriate remedies. Without prejudice to that, these applications are disposed of. I.A. Nos. 2603-2604 in W.P.(C) No. 202/1995, I.A. Nos. 2611-2613 in W.P.(C) No. 202/1995: 9. Issue notice to C.E.C. Response of C.E.C. may be filed within four weeks. I.A. Nos. 2605-2607 in W.P.(C) No. 202/1995: 10. The applicant would be at liberty to seek appropriate remedies. Without prejudice to that, these applications are disposed of. I.A. Nos. 2603-2604 in W.P.(C) No. 202/1995, I.A. Nos. 2611-2613 in W.P.(C) No. 202/1995: 9. Issue notice to C.E.C. Response of C.E.C. may be filed within four weeks. I.A. Nos. 2605-2607 in W.P.(C) No. 202/1995: 10. Issue notice to C.E.C. Response of C.E.C. may be filed within six weeks. I.A. Nos. 1566-1568, 1576-1577 & 1684 in W.P.(C) No. 202/1995: 11. State wants to file its reply/response. Four weeks time is granted for this purpose. I.A. Nos. 1584-1586 in W.P.(C) No. 202/1995 12. MoEF may file its response within four weeks. I.A. Nos. 6-7 in W.P.(C) No. 551/1997: 13. Matter referred to C.E.C. C.E.C. has to verify as to whether the land in question is forest land or not. Report/reply, if any may be furnished within six weeks. 14. Learned counsel for the State submits that for the time being there is no mining activity being carried on. 15. Status quo to continue until further orders.