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2011 DIGILAW 1101 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2011-08-26

CHANDRAMAULI KR.PRASAD, K.S.RADHAKRISHNAN

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ORDER : Chandramauli K.R. Prasad, J. ITEM No. 301 : IA Nos. 1433 and 1477: 1. Mr. P.S. Narasimha, learned Amicus Curiae moved this Court highlighting the necessity to protect the Wild Buffalo, considered to be an endangered animal. The Central Empowered Committee submitted its report on 10.9.2008 on the applications. The State of Chhattisgarh has also filed a detailed affidavit stating that the State has entered into a Memorandum of Undertaking with the Wildlife Trust of India on 21.3.2005 for protection and preservation of Wild Buffalo. 2. Mr. P.S. Narasimha, learned Amicus Curiae referring to page 155 of the reply of the State Government submitted that for effective and proper implementation of the project, sufficient funds have to be generated. We are of the view that the Central Government and the State Government would put their heads together and find out sufficient funds for the successful implementation of the project. This may be done within one month from today. Status report be filed by both the parties thereafter. 3. Post these I.As. after one month. Item No. 302: IA Nos. 2777-2778: 4. None is present on behalf of the applicants. 5. These applications are preferred seeking direction to the respondents to grant permission to the applicants to cut more trees from the land in question which, according to the applicants, belongs to them. The Forest Department has taken a view that this is the forest land. 6. The applicants, if so advised, may approach the Central Government for seeking permission under Section 2 of the Forest (Conservation) Act, 1980. 7. These applications stand disposed of accordingly. Item No. 303: SLP (C) No....CC No. 11628 of 2011: 8. Permission to file Special Leave Petition is granted. 9. Delay condoned. 10. Issue notice. 11. Dasti, in addition, is also permitted. 12. State to file counter-affidavit within four weeks. 13. Meanwhile, there shall be stay of dispossession and demolition of the building of the petitioner for a period of two months. Item No. 304: SLP (C) No....CC No. 12319 of 2011: 14. Permission to file Special Leave Petition is granted. 15. Delay condoned. 16. Issue notice. 17. Dasti, in addition, is also permitted. 18. State to file counter-affidavit within four weeks. 19. Meanwhile, there shall be stay of dispossession and demolition of the building of the petitioner for a period of two months. Permission to file Special Leave Petition is granted. 15. Delay condoned. 16. Issue notice. 17. Dasti, in addition, is also permitted. 18. State to file counter-affidavit within four weeks. 19. Meanwhile, there shall be stay of dispossession and demolition of the building of the petitioner for a period of two months. Item No. 305: SLP (C) ....CC No. 3372 of 2007: 20. Delay condoned. 21. Issue notice. 22. Mr. Shiv Kumar Suri, advocate accepts notice on behalf of both the respondents. 23. List this matter after four weeks for final disposal. Item No. 306: SLP (C) No. 7031 of 2010: 24. Mr. Manish Pitale, learned counsel appearing for the petitioners seeks time to go through the report of Central Empowered Committee. 25. As prayed, list this matter after four weeks. Item No. 307: SLP (C) No. 28519 of 2008: 26. List this matter next week for final hearing. Item No. 308: IA Nos. 12-13, 14-15: 27. The Central Empowered Committee and Ministry of Environment and Forests are directed to examine the whole matter and submit a report to this Court within two weeks from today. 28. Respondents are permitted to file their reply. The impugned judgment and the steps taken thereunder would stand stayed for a month. 29. Post these I.As. after two weeks. Item No. 309: IA No. 972 in IA 757, 1042-1045 in 757 and IA No...in IA No. 757: 30. Mr. S.K. Jain, learned counsel appearing for the applicant commenced his arguments at 3.30 p.m. and was on his legs when the Court rose for the day leaving the matter as part-heard. 31. List these I.A.s in the next week. Item Nos. 310, 312 AND 313: 32. Not taken up today. Item No. 311: I.A.NOS.2202-2203, I.A.NOS.2601 and 2915-2917 In I.A.NOS. 2202-2203, 2602, 2929-2931 WITH 1606, 2002-2004, 2011, 2062-2063 IN 1220 IN 548 I.A.NO.1697 IN 548 AND 2595-2596 33. At the request of learned counsel for the parties, list these I.As. next week. Item No.314: IA No. 145: 34. This is an application preferred by the State of Andhra Pradesh seeking permission for diversion of forest land for widening of existing road from Eturunagaram Wild Life Sanctuary. 35. Ministry of Environment and Forests has already accorded permission vide its order dated 31.12.2009. 36. next week. Item No.314: IA No. 145: 34. This is an application preferred by the State of Andhra Pradesh seeking permission for diversion of forest land for widening of existing road from Eturunagaram Wild Life Sanctuary. 35. Ministry of Environment and Forests has already accorded permission vide its order dated 31.12.2009. 36. I.A. No. 145 is, accordingly, allowed subject to the condition that the applicants would take permission under Section 2 of the Forest (Conservation) Act, 1980 as well as from the Chief Wildlife Warden, Andhra Pradesh as mentioned in para 6 of the aforesaid order. Item No. 315: I.A. No. 146: 37. Learned senior counsel appearing for the applicant seeks permission to place on record the missing page. 38. List this I.A. after two weeks. Item No. 316: IA No. 3108: 39. I.A. is allowed since the National Board of Wildlife in its meeting dated 25.4.2011 has already accorded sanction. The applicant shall comply with the conditions laid down by the National Board of Wildlife and also take permission under Section 2 of the Forest (Conservation) Act, 1980. Item No. 317: IA No. 3110: 40. I.A. is allowed since the National Board of Wildlife in its meeting held on 25.4.2011 has already accorded sanction. The applicant would take permission under Section 2 of Forests (Conservation) Act, 1980. Item No. 318: IA Nos. 3111-3113: 41. None is present on behalf of the applicants. 42. The applicants, if so advised, may move the learned District & Sessions Judge as directed in Resolution dated 30.8.2010 of Department of Environment and Forests (annexure P-5) or other notified authority. 43. I.As stand disposed of. Item No. 319: IA Nos. 3038-3039: 44. I.As are allowed in terms of order dated 27.9.2010 passed by this Court by which the recommendations of the Central 45. Empowered Committee were approved. Item No. 320: IA Nos. 3067-3068: 46. Issue notice. 47. The Central Empowered Committee and National Board of Wildlife are directed to file their replies within four weeks. 48. Post these I.As after four weeks. Item No. 321: IA No. 2841: 49. Post this I.A. before a Bench headed by Hon'ble Mr. Justice D.K. Jain.