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2011 DIGILAW 1220 (SC)

T. N. Godavarman Thirumalpad v. Union of India

2011-09-16

CHANDRAMAULI KR.PRASAD, K.S.RADHAKRISHNAN

body2011
ORDER : MM-1: I.A. No. 150-151 of 2011 in W.P. (Civil) No. 337 of 1995 1. List on Friday, the 23rd September, 2011. MM-2 I.A. No. 3209 In I.A. No. 3026-3027 In I.A. No. 2881 in W.P. (C ) No. 202 of 1995 2. List on Friday, the 23rd September, 2011. MM-3 I.A. No. 3 of 2011 In SLP(C) No. 21460 of 2011 3. List on Friday, the 23rd September, 2011. 301. I.A. NOS. 2423-2425 IN W.P. (C ) NO. 202/1995 4. Learned counsel appearing for the State of Bihar submits that he will cure the defects notified within two weeks. 5. In the meantime, Amicus will give the number of all related cases. 6. Post all the cases after month, i.e. on 21st October, 2011. 302. I.A. NOS. 142-143 IN W.P. (C ) No. 337/1995 7. Appellant seeks de-reservation of certain areas which fall under the Reserve Forest. Learned counsel appearing for the applicant submits that even though they had approached the State Government vide letter dated 9.11.2009, they were advised to approach this Court for getting clearance for de-reservation of the forest land. 8. Learned Senior Counsel Mr. Punjwani appearing before us referred to the letter of the Tamil Nadu Forest Department dated 12.5.2010 stating that the District Forest Officer has reported that only an extent of 10.67 acres of land is being utilised by the Trust and the balance area of 29.33 acres mostly consist of plantations and wild jungle growth. 9. We find it not necessary to express our opinion on the various questions raised before us. We feel it appropriate that the matter be examined by the State Government after conducting proper inquiry and taking note of the opinion expressed by the Forest Department. If the State Government finds that the matter requires approval under the Forest (Conservation) Act, then it may be referred to the Central Government and the Central Government will examine the same and pass appropriate orders in accordance with law. 10. Since the matter is pending before the State Government for a considerable long period, we direct the State Government to pass appropriate orders within three months from the date of receipt of copy of the order. 11. Applicant is also permitted to file proper application to the State Government within a period of two weeks from today. 12. I.As stand disposed of accordingly. 303. 11. Applicant is also permitted to file proper application to the State Government within a period of two weeks from today. 12. I.As stand disposed of accordingly. 303. IA NOS.2465-2466, 2467-2468 IN W.P. (C) No. 202/1995 13. Learned counsel appearing for the State of Andhra Pradesh seeks four weeks' time to file the response. 14. Post after four weeks. 304. I.A. NOS. 2710 and 2730 IN W.P(C)No. 202/1995 15. To be posted in the final hearing list after two months. 305. I.A. NOS. 83-84 IN W.P. (C ) No. 337/1995 16. Adjourned at the request of the learned counsel for the MOEF for filing an affidavit. 17. Post after six weeks. The State of Uttaranchal may also file response in the meantime. 306. I.A. NOS. 1433 and 1477 IN W.P. (C) NO. 202/1995 18. Time is granted to MOEF to file the counter affidavit. 19. Post after two months. 307. I.A. NO. 146 IN W.P.(C ) NO. 337/1995 20. This is an application by State of Andhra Pradesh for formation of road - NH 16 from Nizamabad to Jagdalpur to connect the missing links from Km 199/059-300, 213/300-890 and km 216/220 to 216/670 on the National Highway No. 16 which passes through the forest area of RF Chennur and Pranahitha black buck sanctuary in Mancherial Division, Adilabad Circle in Adilabad District of the State. 21. In view of the request made by the State of Andhra Pradesh, the Standing Committee of NBWL examined the proposal and granted the request and observed as follows:- "The Committee after discussion unanimously decided to recommend the proposal subject to the conditions of erecting 4 meter high wall fence to prevent any wild animal from coming to the highway to avoid accidental deaths of Black Bucks and other animals. In addition all other precautions should be taken as has been advised in the guidelines issued by Wildlife Institute of India in this regard, which are available on the website of Wildlife Institute of India. 22. A meeting was held on 12th April, 2010 and a decision is reflected in the letter dated 20.4.2010. 23. The application is allowed subject to the conditions incorporated in the letter. 308. I.A.NO. 12-13, 14-15 IN SLP(C )No. 19628-19629/2009 24. Post after two weeks. The State of Haryana is granted time to file reply to I.A. 25. Stay is extended till the next hearing date. 309. IA NOS. 23. The application is allowed subject to the conditions incorporated in the letter. 308. I.A.NO. 12-13, 14-15 IN SLP(C )No. 19628-19629/2009 24. Post after two weeks. The State of Haryana is granted time to file reply to I.A. 25. Stay is extended till the next hearing date. 309. IA NOS. 2228-2229, 2575-2576, 2577-2578 in W.P(C) No. 202/1995 26. Learned counsel appearing for the State of Maharashtra seeks time for two weeks to file the response to the objection raised by CEC to the amended notification. Time is granted. 27. Post after three weeks. 310. I.A. NO. 3127-3128 IN W.P. (C ) NO. 202/1995 28. Issue notice. Mr. Shibashish Misra accepts notice on behalf of the State of Orissa. 29. Post after one month. 311. SANDALWOOD MATTERS I.A.NO.1287, 1570-1571, 1624-1625, 1978, 2395, 2795-2796 IN W.P. (C ) No. 202/1995 (REPORT OF CEC, IMPLEADMENT, DIRECTION AND EXEMPTION) WITH I.A. NOS. 2470-2471, 2472-2473, 2474-2475, 2476-2477, 2966-2967 IN 1287 IN W.P. (C ) No. 202/1995 30. Heard learned counsel for the parties 31. Arguments concluded. 32. Orders reserved. 312. MOUNT ABU I.A. NO. 972 IN I.A. 757, 1042-1045 2949 IN 757 AND I.A. NO..... in I.A. NO. 757 IN WP (C) NO. 202/1995 33. Mr. Sunil Jain, learned counsel appearing for the petitioners started arguments at 2.20 p.m. and was on his legs till the Court rose for the day. 34. The matters remained part-heard. Item 313 to 317 313. IA NOS. 100 IN W.P. (C ) NO. 337/1995 314. I.A. NOS. 1308, 1323, 1455, 1468, 1478 in W.P. (C ) NO. 202/1995 315. ASKOT MUSK DEER SANCTUARY I.A.NO.1791-1792 in W.P. (C ) NO. 202/1995 316. SLP(C ) No. 28519/2008 317. I.A.NOS. 2469 WITH I.A. NOS. 2782, 2939-2940 AND I.A. NOS. 3023- 3024 in IA 2782 3030 AND 3032 in W.P. (C ) 202/1995 WITH W.P. (C ) No. 130/2011 35. Not taken up.