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2009 DIGILAW 1802 (SC)

Goa Foundation v. Union of India

2009-09-18

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

body2009
ORDER : K.G. Balakrishnan, CJI., IAs Nos. 170-75 in WP (C) No. 460 of 2004 The applicants herein seek renewal of their mining leases for extraction of iron ore in the State of Goa. The mining area is close to Bhagvan Mahavir Wild Life Sanctuary. It is stated that the area under the lease is only at a distance of about 550 metres from the said sanctuary. The Standing Committee of the National Board for Wildlife looked into the matter and it has submitted its report. The matter has to be further considered by the Forest Advisory Committee. The applicants claim that the general rule that any non-forest activity must not be allowed within a distance of 1 km from the sanctuary/forest area may not be rigidly applied so far as the State of Goa is concerned and in that State the projects should be examined on site-specific basis. 2. The norms in regard to mining operations close to a sanctuary/forest area and the question as to what should be the buffer area/distance for sanctuary/forest area is the subject-matter of the Court's consideration in IA No. 1000 in WP (C) No. 202 of 1995. Let this IA be posted along with IAs Nos. 170-75 in WP (C) No. 460 of 2004 on 30-10-2009. 3. Meanwhile the matter concerning the applicants be examined by the Forest Advisory Committee and its report be made available to the Court by the next date of hearing. FAC will undoubtedly examine the report of the Standing Committee of the National Board for Wildlife (which is not unanimous) and it will also advert to the question as to how far mining activities undertaken by the applicants in the past might have had any adverse effect on the wildlife and whether or not it has breached the groundwater level in the area and gone below it and its likely consequences on the environment/wildlife. IA No. 2386 in 1635-36 4. The learned counsel for the applicant submits that pursuant to the order dated 5-4-2007 of this Court, the amount of 5% of the project cost has already been deposited and that is recorded. IA No. 2386 is allowed accordingly. IA No. 2527 5. M/s Espire Infrastructure Corpn. Ltd. has in its possession 26 acres of land on which its factory is standing. Within the factory premises about 3.185 acres of land bearing Khasra Nos. IA No. 2386 is allowed accordingly. IA No. 2527 5. M/s Espire Infrastructure Corpn. Ltd. has in its possession 26 acres of land on which its factory is standing. Within the factory premises about 3.185 acres of land bearing Khasra Nos. 1506, 1512 and 1556 in Village Anandpur is forest land. The applicant seeks permission to convert it to non-forest area and subject it to non-forest use. The matter may be considered by MoEF within three months subject to payment of NPV and fulfilment of other conditions as imposed by CEC. The IA is disposed of accordingly. IA No. 799 6. The learned counsel for the applicant is given permission to withdraw the application with liberty to approach the appropriate authorities to get the licence, if he needs any, in accordance with the orders passed by this Court. The application is dismissed as withdrawn. IAs Nos. 1626-27 7. Pursuant to the order passed by this Court, the National Highways Authority of India has deposited a sum of Rs. 25.72 crores with CEC and based on the recommendations of the Monitoring Committee, an amount of Rs. 70.67 lakhs had been released to CEC for implementation of the various measures. Now an amount of Rs. 25.103 crores is lying with CEC. This amount is directed to be made over to the CAMPA fund to implement the ongoing mitigating measures in the State of Rajasthan as per the Monitoring Committee's recommendations. The IAs are disposed of accordingly. IA No. .. (unregistered) 8. The applicant is permitted to cure the defects. Post this IA along with the connected IA, which is stated to be filed by the Union of India. IAs Nos. 2532-33 9. List on 6-11-2009. CAs Nos. 8133-35 10. Issue notice. Copies of these appeals be furnished to CEC. IAs Nos. 2136, 2360, 2603-04 11. In these applications, the applicant requires permission for construction/widening and improvement of certain roads. CEC has examined these matters and made certain recommendations which are acceptable to the applicants. The projects are approved, subject to the fulfilment of the conditions as laid down by CEC. The IAs are disposed of accordingly. IA No. 2569 12. Taken on board. In this application, the applicant seeks permission for construction of Lukung-Phobrang-Chartese Pt. 4433 Road passing through the Changthang Cold Desert Wildlife Sanctuary. CEC has examined the matter and has made certain recommendations, which are acceptable to the applicant. The IAs are disposed of accordingly. IA No. 2569 12. Taken on board. In this application, the applicant seeks permission for construction of Lukung-Phobrang-Chartese Pt. 4433 Road passing through the Changthang Cold Desert Wildlife Sanctuary. CEC has examined the matter and has made certain recommendations, which are acceptable to the applicant. Subject to the fulfilment of the conditions as laid down by CEC, the project is approved. The IA is disposed of accordingly. IAs Nos. 2581-82 13. In these applications, the applicant seeks permission for removal of unidentified 1052 trees of spontaneous growth in the forest areas of Nedunganur Forest and M.R. Palayam Forest for the proposed four-laning from 121 km to 325 km from Trichy to Tindivanam of NH 45. CEC has examined the matter and has made certain recommendations, which are acceptable to the applicant. Subject to the fulfilment of the conditions/recommendations as laid down by CEC, the project is cleared. The IAs are disposed of accordingly. IAs Nos. 2611-13 14. In these applications, the applicant seeks permission to construct 400 Kv S/C Kankroli-Jodhpur transmission line through Kumbalgarh Wildlife Sanctuary. The applicant is directed to pay 5% of the cost of the project to the extent it passes through the sanctuary, as NPV. Subject to this condition and other conditions/recommendations as laid down by CEC, the project is cleared. The IAs are disposed of accordingly. IAs Nos. 2634-35 15. The applicant Tamil Nadu Water Supply and Drainage Board seeks permission for felling of 206 trees of spontaneous growth in the forest area of Anjahalli Village, District Dharmpuri, Tamil Nadu. CEC has examined the matter and has made certain conditions/recommendations which are acceptable to the applicant. Subject to the fulfilment of the conditions/recommendations as laid down by CEC, the project is approved. The IAs are disposed of accordingly. IA No. 2648 16. Adjourned.