T. N. Godavarman Thirumulpad v. Union of India — 2010 DIGILAW 371 (SC)

ORDER : I.A. Nos. 1868, 2091, 2225-2227, 2380, 2568 in Writ Petition (Civil) No. 202 of 1995 with T.P. (C) No. 277/2010: 1. List on 12.4.2010 at 2.00 p.m. Major Mineral Matters I.A. No. 1785, I.A. No. 1967 in I.A. No. 1785, I.A. No. 2152 in 1785, I.A. Nos. 1962 and 2143 in I.A. No. 1785, I.A. No. 2443, I.A. No. 2186, I.A. No. 2444 in I.A. No. 2186, I.A. No. 2168, I.A. No. D-75191 in Writ Petition (Civil) No. 4677 of 1985 and I.A. No. 1465, 2417, 2426-2427, 2768-2769 in 828 in Writ Petition (Civil) No. 202 of 1995 and I.A. No. D-76048 and 76051 in Writ Petition (Civil) No. 202 of 1995, Minor Mineral and Construction Matters: I.A. No. 2269, I.A. No. 2393 in I.A. 2269 in I.A. No. 1785 and I.A. No. 2198, Conmt. Pet. No. 125/2006 in Writ Petition (Civil) No. 4677 of 1985 and I.A. No. 2270 in I.A. No. 1785 in Writ Petition (Civil) No. 4677 of 1985, Conmt. Pet. (C) No. 186/2003 in Writ Petition (Civil) No. 4677 of 1985, I.A. No. 1866, I.A. No. 1858-1859, I.A. No. 1886, I.A. No. 1888, I.A. No. 1891 to 1893, I.A. No. 1895, I.A. No. 1896, I.A. No. 1906, I.A. No. 1907-1908, I.A. Nos. 1911-1912, I.A. Nos. 1937, I.A. Nos. 1938, I.A. Nos. 2306-2307, I.A. Nos. 2308-2309, I.A. No. 1968, I.A. Nos. 2334-2335, I.A. No. 2336, I.A. No. D-58737 I.A. Nos. 2374-2376 in I.A. No. 1785, I.A. Nos. 2381, 2382, 2383, 2384 in I.A. No. 1785, I.A. Nos. 2386-2387 in I.A. No. 1785, I.A. No. 2390 in I.A. 1785, I.A. No. 2392 in I.A. No. 1785 I.A. No. 2415 in I.A. 1785, I.A. No. 2450 in I.A. No. 2385/2009 in I.A. No. 1785, I.A. No. 2451 in I.A. No. 1785, I.A. No. 2103, I.A. No. 2454 with I.A. No. 2455 in W.P. (C) No. 4677/1985, Minor Minerals and Construction Matters in Haryana Mining: I.A. Nos. 839, 840, 850, 853-854, 855-856, 866-868, 869-870, 871- 872, 873-874, 875-876, 877-878, 879-880, 881-882, 891-892, 900, 905, 1276-1277, 1590, 1612-1613, 1700-1703, 2007-2008, 1488, 2138-2139 in 891-892, 2205, 2445, 2567, 2574 in 875-876, 2536, 2636 in 879-880, 2658-2659, 2719 in 1488 in 828 and 2761 in 1612- 1613, 2765 in 873-874, 2766 in 879-880, 2767 in 875-876 in W.P. (C) No. 202/1995 with W.P. (C) No. 624/2002, W.P. (C) No. 661/2002, W.P. (C) No. 428/2002, Conmt. Pet. Pet. (C) No. 568/2002 in W.P. (C) No. 428/2002, Conmt. Pet. (C) No. 542/2004 in W.P. (C) No. 428/202: 2. Learned Solicitor General Appearing for the State of Haryana submitted that the State would prepare the Environmental Imperative Assessment Report and the Environmental Management Plan without prejudice to the rights of the lease-holders. 3. List on 16.7.2010. I.A. No. 2672 in W.P. (C) No. 202/1995: 4. Adjourned. I.A. No. 2781 in W.P. (C) No. 202/1995: 5. Interim stay granted on 29.1.2010 is extended till the next date of hearing. I.A. No. 2804 in W.P. (C) No. 202/1995: 6. This application is filed by the Indian Oil Corporation Ltd. seeking permission for the use of 21.006 hectares of Forest Land for laying of the underground pipeline falling in the Wild Ass Sanctuary in Gujarat. The CEC has filed its reports and recommended that the Court may consider the same subject to the following conditions: (i) For the use of the forest land approval under the FC Act will be obtained. (ii) 5% of the project cost for the portion falling in the Sanctuary will be deposited by the User Agency for undertaking the construction and the protection works in the Sanctuary. (iii) NPV as per the rates applicable for the use of the forest land falling within the Sanctuary will be deposited. (iv) The conditions on which the project has been cleared by the Chief Wildlife Warden of Gujarat, the State Advisory Board for Wild Life and the Standing Committee of National Board for Wildlife will be strictly complied with. 7. Learned counsel for the applicant submitted that they have no objection to the Report of CEC and accepted all the conditions mentioned above. 8. The project is cleared subject to fulfilling of the above mentioned conditions. 9. I.A. is disposed of accordingly. I.A. No. 2808-2810 in W.P. (C) No. 202/1995: 10. Issue notice to the CEC. I.A. No. 2845 in W.P. (C) No. 202/1995: 11. This application is filed by the Adani Power Limited seeking permission for the use of 89.7364 hectares of land for the construction of the Mundra-Mahendragarh 500 KV and the Mundra-Dehgam 400 KV double circuit transmission lines passing through the Wild Ass Sanctuary in District Kutch, Gujarat. Issue notice to the CEC. I.A. No. 2845 in W.P. (C) No. 202/1995: 11. This application is filed by the Adani Power Limited seeking permission for the use of 89.7364 hectares of land for the construction of the Mundra-Mahendragarh 500 KV and the Mundra-Dehgam 400 KV double circuit transmission lines passing through the Wild Ass Sanctuary in District Kutch, Gujarat. The CEC has filed its reports and recommended that the Court may consider the same subject to the following conditions: (i) For the use of the forest land, approval under the FC Act will be obtained and the NPV for the forest/non forest land will be deposited as per the rates applicable for the forest/non forest land falling in the Sanctuary. (ii) The conditions imposed by the Chief Wildlife Warden, the State of Gujarat as well as the Standing Committee of the National Board for Wild Life will be strictly complied with. (iii) 5% of the project cost of Rs. 17.6 crores for the portion of the transmission lines passing through the Sanctuary will be deposited in the Compensatory Afforestation Fund for undertaking conservation and protection measures in the Wildlife Sanctuary. 12. Learned counsel for the applicant submitted that they have no objection to the Report of CEC and accepted all the conditions mentioned above. 13. The project is cleared subject to fulfilling of the above mentioned conditions. 14. I.A. is disposed of accordingly. SLP (C) No. 19628-19629/2009 with SLP (C) No. 21833/2009: 15. List after two weeks. SLP (C) No. 5044-5045/2010 16. List on 23.4.2010.