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2009 DIGILAW 865 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2009-04-17

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

body2009
ORDER : 1. No matter be listed on 01.05.2009, other than the ones which are specifically directed to be listed on 01.05.2009. I.A. No. .........(filed by amicus curiae): 2. Taken on board. 3. Mr. Sanjeev Chaddha, will act as Secretary of C.E.C. 4. Mr. M.K. Jiwrajka, will be co-opted as a Member of C.E.C. 5. I.A. disposed of accordingly. I.A. Nos. 2079-2080, 2546: W.P.(C). No. 301/2008: I.A. Nos. 2301-2303 in 2079: 6. Application for intervention is allowed. 7. State of Maharashtra to file its reply within two weeks. 8. Notice accepted by Mr. Dhruv Mehta, learned counsel on behalf of the Society. Liberty to file its objections, if any, to the C.E.C. report. 9. Three weeks time is granted to the other parties for filing their reply, if any. 10. List on 01.05.2009 for directions. I.A.Nos. 2147-2148: 11. Union of India (Ministry of Railways) is granted four weeks time to file its reply. 12. List on 08.05.2009. I.A.Nos. 1598-1600: 13. Referred to C.E.C. Reply/report, if any, be filed within six weeks. I.A. Nos. 1628-1630, : I.A. No. 2597 in I.A. Nos. 2102-2104 in I.A. Nos. 1628-1630 14. State of Rajasthan to file its reply within four weeks. I.A. Nos. 1793, 2092-93, 2102-04, 2312-13, 2594: 15. Issue notice to C.E.C. and the State of Rajasthan. Reply, if any, may be filed within four weeks. I.A.No.1640: 16. C.E.C. has filed its report in the application. The applicant GVK Novopal Industries (P) Ltd. agrees to the conditions/recommendations of the C.E.C. Nobody appears on behalf of the State of Andhra Pradesh nor the State has filed its response. We approve the following recommendations of the C.E.C.. The project is cleared, subject to fulfilment of the conditions/recommendations of the C.E.C. If the State, while granting approval, has got any objection, it will be at liberty to move this Court. 1. The applicant will deposit an amount of Rs. 30.00 and Rs. 50.00 lakh respectively for the establishment of MDF/Particle Board plant and for composite plant for the manufacture of MDF and Particle Board respectively. This amount will be kept in a designated account outside the Consolidated Fund and will be used by the Forest Department for activities identified and related to conservation and protection of forest; 2. 30.00 and Rs. 50.00 lakh respectively for the establishment of MDF/Particle Board plant and for composite plant for the manufacture of MDF and Particle Board respectively. This amount will be kept in a designated account outside the Consolidated Fund and will be used by the Forest Department for activities identified and related to conservation and protection of forest; 2. The purchase/lease of the land and order for the plant and machinery will be placed within a period of six months failing which the approval will automatically be deemed to have been cancelled; and 3. the ownership of the unit will not be transferred including by way of transfer of majority shareholding or change of partners before the unit starts commercial production. 17. I.A. is allowed accordingly. I.A. No. 1697 in I.A. No. 548: I.A. Nos. 2595-2596 in I.A. No. 1697 in I.A. No. 548 18. This application has been filed by the Madhya Pradesh Fisheries Federation (Co-operative) Ltd. seeking permission for the continuance of the fishing rights in the Tawa and Barna Reservoirs falling the Satpura Tiger Reserve. Large number of applications have been filed by the people in the locality to have fishing right in these two reservoirs. As it is in the forest area, the C.E.C. has filed a report stating that some area of this reservoir could be de-notified as reserve forest. As regards the de-notification, the Wildlife Institute of India, Dehradun may examine the matter and file a report before this Court within a period of six weeks. As the C.E.C. has recommended that about 400 temporary permits may be given to the applicants for fishing confining to the northern part of the reservoirs, the Chief Wildlife Warden, Madhya Pradesh Forest Department and the Director of Fisheries of the State of Madhya Pradesh may consider the eligible applicants. As an interim measure, while giving such permission, we direct that the following conditions may be kept in mind for the purpose of granting permission: 1. no mechanised boat will be used by the fishermen; 2. Exotic fish would not be introduced in the reservoir so as to preserve the existing natural eco-system ; and 3. the permit holders should be given an option to dispose of the catch either directly or through the application federation. 19. no mechanised boat will be used by the fishermen; 2. Exotic fish would not be introduced in the reservoir so as to preserve the existing natural eco-system ; and 3. the permit holders should be given an option to dispose of the catch either directly or through the application federation. 19. It is also directed that a High Powered Committee under the Chairmanship of the Chief Secretary may be constituted for the purpose of preparing the rehabilitation package. I.A. Nos. 1868, 2091, 2225-2227, 2380 & 2568 20. List after summer vacation. I.A. No. 2136: 21. Adjourned. I.A. No. 2137: 22. The applicant seeks permission for improvement of Sonam-PDA, PDA-Mendi, PDA-Sumla Road passing through the Gangotri National Park. CEC has filed its report along with the following recommendations: 1. for use of forest land, approval under the F.C. Act will be obtained; 2. the conditions stipulated by the Chief Wild Life Warden, Uttarakhand, Forest Department and the Standing Committee of the NBWL will be strictly complied with; and 3. 5% of the estimated project cost for each of the two roads will be deposited in the Compensatory Afforestation Fund for undertaking conservation and protection works in the National Parks and Wild Life Sanctuaries in the State of Uttarakhand. 23. The recommendations of the C.E.C. are acceptable to the applicant. I.A. is allowed subject to the fulfilment of the above conditions by the applicant. I.A. No. 2140: 24. The applicant seeks permission for improvement of Gunji-Kutti Jolingkong Road passing the Askot Wildlife Sanctuary and Naga-Jadung Road passing through the Gangotri National Park. CEC has filed its report along with the following recommendations: 1. for use of forest land, approval under the F.C. Act will be obtained; 2. the construction of the Gunji-Kutti Jolingkong Road will be undertaken only after the project is cleared by the Standing Committee of the NBWL; 3. the conditions stipulated by the Chief Wild Life Warden, Uttarakhand, Forest Department and the Standing Committee of the NBWL will be strictly complied with; and 4. 5%of the estimated project cost for each of the two roads will be deposited in the Compensatory Afforestation Fund for undertaking conservation and protection works in the National Parks and Wild Life Sanctuaries in the State of Uttarakhand. 25. The recommendations of the C.E.C. are acceptable to the applicant. I.A. is allowed subject to the fulfillment of the above conditions by the applicant. 25. The recommendations of the C.E.C. are acceptable to the applicant. I.A. is allowed subject to the fulfillment of the above conditions by the applicant. I.A. No. 2359: 26. Adjourned. I.A. No. 2360: 27. Adjourned. I.A. No. 2361: 28. The applicant seeks permission to widen and improve the Phobrang-Marsmikla road, proposed to be constructed passing through the Changthang Cold Desert Wild Life Sanctuary, Ladak. CEC has filed its report along with the following recommendations: 1. the conditions on which the project has been cleared by the Standing Committee of NBWL will be complied with; 2. the conditions stipulated by the Chief Wild Life Warden, Jammu & Kashmir Forest Department will be strictly complied with; and 3. for use of the non-forest land falling within the sanctuary the NPV will be deposited in the Compensatory Afforestation Fund as per this Hon'ble Court's order dated 28.3.2008 in the NPV matter. 29. The recommendations of the C.E.C. are acceptable to the applicant. I.A. is allowed subject to the fulfillment of the above conditions by the applicant. I.A. No. 2211 in I.A. 1424-1425: W.P.(C) No. 469/2005 30. List on 01.05.2009. I.A. No. 2212, 2272 & 2362-2363: 31. List on 27th April, 2009 afternoon. I.A. No. 2524: 32. M/s. G.S.F.C. proposes to use 12.47 ha. of land falling within the Marine National Park falling within the Marine sanctuary and for diversion of 4.61 of forest land for this project. National Board of Wildlife has examined the feasibility of the same and suggested the following certain conditions: 1. the NPV at the rates applicable for the use of the forest land and the non- forest land falling within the Marine National Park and Sanctuary will be deposited by M/s. G.S.F.C. This amount should be used for the conservation and protection of the Marine National Park and Sanctuary by the Gujarat Forest Department. For this purpose a Society may be registered under the Chairmanship of the Chief Wildlife Warden, Gujarat Forest Department with a nominee each of the DGF & SS, MoEF and the Principal Secretary (Forest), Government of Gujarat and a representative of the reputed NGO to be nominated by the Government of Gujarat as its members. The Conservator of Forests, Marine National Park will be the Member Secretary. 2. The Conservator of Forests, Marine National Park will be the Member Secretary. 2. All the conditions on which the project has been cleared by the Standing Committee for the National Board of Wildlife will be strictly complied with; and 3. for use of the forest land, if any, approval under the Forest (Conservation) Act, will be obtained. 33. The conditions are acceptable to the applicant. Subject to fulfillment of the same, the application is allowed. I.A. No. 2525: 34. The applicant seeks permission for use of 159.05 ha. of area falling in the Wild Ass Sanctuary in Districts Patna and Kachchh in the State of Gujarat for the construction of the Kachchh Branch Canal. C.E.C. has examined the feasibility of the same and suggested the following certain conditions: 1. for use of the forest land, the approval under the F.C. Act, 1980 will be taken; 2. The conditions under which the Standing Committee of the NBWL has cleared the project shall be fully complied with; 3. The design of the "Box culvert" will be suitably modified as suggested in para 7 above; 4. The Gujarat Forest Department through a reputed agency will carry out a study regarding the likely potential man- animal conflict which may arise following the construction of the KBC and to recommend suitable remedial measures; and 5. A Monitoring Committee will be set up headed by the Chief Wildlife Warden, Gujarat Forest Department with one representative each of the MoEF, Principal Secretary (Forest), Government of Gujarat, User Agency and one NGO to be nominated by the Government of Gujarat as its members. This Committee will monitor the construction and implementation of the various structures across the KBC. 35. The conditions are acceptable to the applicant. Subject to fulfillment of the same, the application is allowed. I.A. No. 2528: 36. The applicant Indian Naval Ship Valsura (Ministry of Defence) seeks permission for the use of 0.41 ha. of land falling in the marine sanctuary for the construction of Watermanship Training Centre at Valsura. 37. The C.E.C. has examined the project and subject to fulfillment of the following conditions, recommended the same: 1. for use of the forest land, approval under the F.C. Act will be obtained; 2. The conditions stipulated by the Chief Wildlife Warde, Gujarat Forest Department will be strictly complied with; and 3. 37. The C.E.C. has examined the project and subject to fulfillment of the following conditions, recommended the same: 1. for use of the forest land, approval under the F.C. Act will be obtained; 2. The conditions stipulated by the Chief Wildlife Warde, Gujarat Forest Department will be strictly complied with; and 3. The NPV will be payable for use of forest land/or non-forest land as per this Hon'ble Court's order dated 28.3.2008 and 9.5.2008 regarding the NPV. 38. The applicant accepts all the conditions. Subject to fulfillment of the above conditions, the project is cleared. 39. I.A. allowed accordingly. I.A. No. 2529: 40. The applicant-State of Gujarat seeks permission for the rationalisation of the boundaries of about 438.09 sq.km. of the Narayan Sarover Wildlife Sanctuary, district Kutch, Gujarat, including about 6.14 sq.km. falling in Parkho village. C.E.C. has examined the project, and has recommended the same, on fulfillment of the following conditions : 1. The area excluded from the boundary of the sanctuary will not be used for mining; 2. any other non-forestry use will also be permissible only after obtaining the specific permission for the same from this Hon'ble Court except in respect of small projects which have been exempted from the requirement of payment of NPV by this Hon'ble Court's order dated 28.3.2008 and 9.5.2008. 41. The applicant accepts the recommendations of the C.E.C. Subject to fulfillment of the above conditions by the applicant, the project is cleared. 42. I.A. is allowed accordingly. I.A. No. 2571: 43. The applicant Gujarat State Electricity Corporation Ltd. seeks permission for the use of 2 ha. of land in the Marine Sanctuary, Jamnagar, Gujarat. C.E.C. has examined the project, and has recommended the same, on fulfillment of the following conditions : 1. approval under the F.C. Act for the use of forest land will be obtained; 2. NPV for use of forest land falling within the Marine Sanctuary will be payable as per the Hon'ble Supreme Court's orders dated 28.3.2008 and 9.5.2008 regarding the NPV; 3. conditions imposed by the Standing Committee of National Board for Wildlife will be strictly complied with; and 4. monitoring of the implementation of the stipulated conditions will be done by the Chief Wildlife Warden, Gujarat Forest Department. 44. The applicant accepts the recommendations of the C.E.C. Subject to fulfillment of the above conditions by the applicant, the project is cleared. 45. I.A. is allowed accordingly. monitoring of the implementation of the stipulated conditions will be done by the Chief Wildlife Warden, Gujarat Forest Department. 44. The applicant accepts the recommendations of the C.E.C. Subject to fulfillment of the above conditions by the applicant, the project is cleared. 45. I.A. is allowed accordingly. I.A. Nos. 2355-2357 in WP(C) No. 4677/1985 46. List on 01.05.2009 along with minor mineral matters.