ORDER IA No. 2805 1. This application is filed by Power Grid Corporation of India Ltd. (PGCIL) seeking permission for the use of 0.552 ha of land falling within Chandaka Wildlife Sanctuary in Orissa for the laying of the 400 kV Baripda-Mendhasal transmission line. CEC has examined the matter and recommended for the approval of the project on fulfilment of the following conditions: (a) for the use of the forest land, approval under the Forest (Conservation) Act will be obtained; (b) the NPV as per the rates applicable for the forest land falling in the national parks/sanctuaries will be deposited by the user agency; and (c) the conditions on which the project has been cleared by the Standing Committee of the National Board for Wildlife will be strictly complied with. Subject to fulfilment of the above conditions by POCIL the project is cleared. 2. IA is disposed of accordingly. IA No. 2846 3. This application is filed by Power Grid Corporation of India Ltd. (PGCIL) seeking permission for the use of 241.597 ha of land falling in Wild a Ass Sanctuary in Kutch District in Gujarat for the construction of the three double circuit transmission lines to extract power from the 4000 MW Mundra Ultra Mega Power Project. CEC has examined the matter and recommended the approval of the project on fulfilment of the following conditions: (i) for the use of the forest land, approval under the Forest (Conservation) Act will be obtained and the NPV will be deposited as per b the rates applicable for the use of the forest/non-forest land falling within the sanctuary; (ii) the conditions on which the project has been recommended by the Chief Wildlife Warden, Gujarat and the Standing Committee of the National Board for Wildlife will be strictly complied with; and (iii) 5% of the project cost of ~85.87 crores for the portion of the transmission lines falling in the sanctuary i.e. Rs.4.294 crores will be deposited by the user agency in the Compensatory A forestation Fund for undertaking conservation and protection work in the wildlife sanctuary; Subject to fulfilment of the above conditions by PGCIL the project is cleared. 4. IA is disposed of accordingly. IA No. 1137 5. Heard both sides. 6. CEC has filed a fresh report regarding the land to be allotted to tribals. In principle, the proposal put forward by the Kerala Government is accepted. 4. IA is disposed of accordingly. IA No. 1137 5. Heard both sides. 6. CEC has filed a fresh report regarding the land to be allotted to tribals. In principle, the proposal put forward by the Kerala Government is accepted. These lands were originally private forests and these were statutorily vested with the Government pursuant to the Kerala Private Forests (Vesting and Assignment) Rules, 1974 as part of the implementation of the Land Reforms Act. It was also agreed that these would be given to the people for assignment for agricultural purposes as per the provisions of the Land Reforms Act. 7. In view of the peculiar circumstances of this case, we accept the f proposal but the Department concerned of the State is given three months time to examine the individual forest lands and assess the extent of land covered by the Forest Act and reassess the extent of land to be included in the proposal for rehabilitation of the landless tribals. It is also brought to the notice by the learned counsel appearing for the State that in the land to be assigned to the tribals no occupants would be allowed to cut timber trees. The question of payment of NPV is left open to be decided after the assignment is made. This is a one-time exercise and not to be treated as a precedent in Kerala or any other State. 8. List the IA after three months. IAs Nos. 2453-57 in 1399 with 2462-64 with 2244 along with 2512-21 with 2544-45, 2572-73, 2548-49, 2065, 2114-15, 2481-82, 2489, 2551-54, 2711, 2559-66, 2592-93, 2753-56, 2683-85, 2779-80, 2738-39 with WPs (C) Nos.117, 547 of 2008, 43, 55, 284, 414, 567-68, 574-76, 578 of 2009 and 4 of 2010 In re: Sawmills 9. Heard learned amicus curiae, learned counsel for the State of D.P. and other parties. 10. CEC has filed a report in this Court. On 18-5-20071, this Court had directed to grant licences for reopening of the sawmills falling under Categories I to III. The present report relates to Category IV. 11. Heard learned amicus curiae, learned counsel for the State of D.P. and other parties. 10. CEC has filed a report in this Court. On 18-5-20071, this Court had directed to grant licences for reopening of the sawmills falling under Categories I to III. The present report relates to Category IV. 11. CEC in its report has opined that fresh licences may be granted subject to the following conditions: the sawmill was established prior to July 1989 and the licence fee was deposited with the D.P. Forest Department prior to 4-3-1997 and the licence fee up to the year 1995 has also been deposited with the D.P. Forest Department in respect of 90 sawmills, and no offence case pursuant to the illegal-use of transportation is pending against the holder of licence; further, in addition to the normal sawmill, licence fee/renewal fee, they will deposit a sum of Rs.50,000 each as one-time measure to be refunded. This amount will be kept in an interest bearing deposit in a nationalised bank and will be released after getting approval by this Court. In re: Plywood and veneer 12. The following conditions have been imposed by CEC: (i) the seniority list of plywood/veneer units established after 4-3-1997 (Category IV units) should be finalised by the State-Level Committee for Dttar Pradesh Wood-Based Industries in consultation with CEC. The said list should be finalised after giving wide publicity to the provisional seniority list, inviting objections from the affected parties, giving personal hearing to them and after considering the objections/submission made by them; (ii) after meeting the requirement of the licensed wood-based industry, the units permitted by this Hon'ble Court and the units whose category is yet to be finalised, the plywood/veneer units falling in Category IV may be considered for grant of licence to the extent of timber availability and strictly in the order of seniority, subject to the one-time payment of Rs.9 lakhs per press in respect of the veneer units and compliance with the other conditions that have been stipulated. The one-time payment of penalty will be in addition to the normal licence fee and the other charges, if any, payable to the D.P. Forest Department. The one-time payment of penalty will be in addition to the normal licence fee and the other charges, if any, payable to the D.P. Forest Department. As decided earlier, the abovesaid amount should be kept in a designated interest bearing bank account and should be utilised only after the scheme in this regard is approved by this Hon'ble Court; and (iii) in case the timber availability is found to be inadequate for all the plywood/veneer units falling in Category IV, the permission granted to the plywood unit should be restricted to one press whereas for the a veneer unit it should be restricted to one peeler only. In addition, the plywood units may be permitted one peeler each, if it had one or more' peeler functional in the unit before it was closed. 13. The learned counsel for the State of D.P. has got certain objections regarding these recommendations. In case the State has any problem, it would be at liberty to approach this Court again. Subject to these, the b recommendations of CEC are accepted and appropriate action would be taken accordingly. IAs Nos. 2750-52 14. The State of D.P. shall file its reply within four weeks, as a last opportunity. IAs Nos. 2258-63, 2440-41, 2443-44, 2450-52 15. In these applications, CEC has filed its report. Applicants would be at liberty to file objections, if any, within four weeks. IAs Nos. 2800-802 16. Applications are rejected. IAs Nos. 2822-30, 2858, 2770, 2774, 2777-78 17. Referred to CEC. Four weeks' time is granted for filing its report. IA No. 2782 18. List along with the report of CEC. IA No. 2783 19. List the IA after summer vacation. SLP (C) No. 13015 of 2006 20. List after summer vacation. Court Masters