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2009 DIGILAW 1607 (SC)

Centre For Environmental Law, World Wide Fund India v. Union of India

2009-08-11

B.S.CHAUHAN, K.G.BALAKRISHNAN, P.SATHASIVAM

body2009
ORDER : K.G. Balakrishnan, CJI., P. Sathasivam, B.S. Chauhan, JJ. IA Nos. 2 and 92 N.B.W.L. to file its report/reply within eight weeks. I.A.No.37: 2. It is alleged that the Uttaranchal Jal Vidyut Nigam Ltd. has constructed a power house within the boundary of Askot Wildlife sanctuary. We are told that the National Board for Wildlife has not taken any steps so far in this regard. Learned counsel appearing for the State of Uttaranchal contends that the boundary of the sanctuary has not yet been finally decided. The State shall file a fresh report regarding the determination of the boundary of the sanctuary. List after eight weeks. IA No. 52: 3. It is stated that about 1390 families are staying within the boundary of Rajaji National Park. There was a scheme to rehabilitate them in another area for which the Government has diverted 1123 hectares of forest land earmarked by the State Government. But so far these families have not yet been shifted to these areas. The State Government is directed to file an affidavit as to what steps have been taken in this regard also explaining the nature of the land which is kept separate for the intended purpose. 4. List after eight weeks. IA. No. 95: 5. It is alleged that the Jal Vidhyut Nigam Ltd. and the Irrigation Department of the State have set up certain illegal constructions including shops in the Rajaji National Park by the State has not taken any steps in this regard. Learned counsel for the State submits that it had already issued notices to Jal Vidyhut Nigam Ltd. to remove the unauthorised constructions, including the shops. State shall file an affidavit to this effect within eight weeks. IA Nos. 54, 67 and 76: 6. Adjourned by eight weeks. IA Nos. 83 and 84: 7. Report of F.A.C. is awaited. 8. Adjourned by eight weeks. IA No. 100: 9. N.B.W.L. to file its report regarding the same within eight weeks. IA No. 104-05: 10. Adjourned by eight weeks. IA No. 106: 11. When the matter was called nobody was present on behalf of State of Madhya Pradesh. Even on the last occasion also no counsel appeared on behalf of the State. 12. IA is rejected for non-prosecution. IA Nos 114-115: 13. The National Hydro-Electric Power Corpn. IA No. 104-05: 10. Adjourned by eight weeks. IA No. 106: 11. When the matter was called nobody was present on behalf of State of Madhya Pradesh. Even on the last occasion also no counsel appeared on behalf of the State. 12. IA is rejected for non-prosecution. IA Nos 114-115: 13. The National Hydro-Electric Power Corpn. Ltd. seeks to construct Pakal Dul Hotro Electric Project for which 1163.898 hectares of land out of which 386.186 land is within the Kishtwar National Park area. National Board for Wild Life has examined the same and has filed a report clearing this project subject to certain conditions. These conditions are acceptable to N.B.W.L. Subject to fulfillment of the conditions imposed by N.B.W.L. and on payment of Rs. 236 crores for conservation purpose, the project is cleared as regards 386.186 hectares. So far as 311.042 hectares of forest land is concerned, the matter is referred to C.E.C. Post these applications before the Forest Bench. IA Nos. 116 to 118 and 119 to 121 14. State Government seeks time to file its response. Issue notice to National Board for Wildlife. The State Government as also the Board to file their response for the proposed project. 15. List after eight weeks. IA Nos. 122-123 16. None appeared. IAs are rejected for non-prosecution. IA Nos. 126-127 17. The Lancho Hydro Energies Pvt. Ltd. seeks permission to divert 17.78 ha. of forest land, which is a part of Kedarnath Musk Deer Wildlife Sanctuary, Uttarakhand. The National Board for Wildlife (NBWL) has considered the Project and subject to fulfillment of certain conditions it has recommended that the Project could be cleared. We accept the same, subject to conditions laid down by National Board for Wildlife. The Project is cleared accordingly. 18. The Chief Wildlife Warden to monitor the Project and to see whether all the conditions are complied with and the provisions of the Scheduled Tribes and other Forest Dwellers (Recognition of Rights) Acts, 2006, be also complied with. 19. IAs are disposed of accordingly. IA Nos. 128-129: 20. About 180.79 ha. forest land earmarked for construction of Adwa-Meja link canal is part of Ban Sugar Canal Project. The project was cleared subject to fulfillment of certain conditions. One of the conditions is relocation of 10 villages. 19. IAs are disposed of accordingly. IA Nos. 128-129: 20. About 180.79 ha. forest land earmarked for construction of Adwa-Meja link canal is part of Ban Sugar Canal Project. The project was cleared subject to fulfillment of certain conditions. One of the conditions is relocation of 10 villages. Now, the State Government submits that villagers are not willing to move out of the villages and it is difficult to comply the directions issued by this Court. The matter is referred to NBWL as to what steps could be taken in this regard. The National Board for Wildlife to file response/report. 21. List after eight weeks. IA Nos. 130-131: 22. Issue notice to National Board for Wildlife and to the State of Himachal Pradesh. IA No. 134: 23. The Fambonglho Wildlife Sanctuary was originally notified as 51.76 sq. km. Another 100 hectares of land was added to this Sanctuary. But later after carrying rationalisation of boundaries it was found that 58.37 hectares are to be excluded. 24. This I.A. has been filed for appropriate directions regarding rationalisation of the boundaries. This is cleared subject to conditions laid down by the National Board for Wildlife. 25. IA is allowed accordingly.