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2011 DIGILAW 1259 (SC)

Centre For Envir. Law, WWF-I v. U. O. I.

2011-09-23

CHANDRAMAULI KR.PRASAD, K.S.RADHAKRISHNAN

body2011
ORDER : 301. IA Nos. 141 in IA NOS. 124-125 in W.P.(C) NO. 337/1995 1. This application has been preferred by the Government of India (Ministry of Home Affairs) seeking grant of sanction/approval to the fencing and construction of road along the Indo-Myanmar boarder between Boarder Pillar no 79 to Boarder Pillar no.81. Ld. amicus curiae submitted, that in order to reduce delay in considering the application for required permission under the Forest Conservation Act 1980 and Wild life protection Act, 1972 the Ministry of Environment and Forest, has streamlined the procedure. Reference was made to Annexure I produced by the Ministry of Environment and Forest alongwith the affidavit. Some of the requests for clearance which relate to fencing and construction of roads in Border area of Indo- China and Myanmar, which are very sensitive area having National interest are pending approval for quite long. 2. Since procedure has been laid down for quick disposal of the applications we are inclined to dispose of this application with the direction to M.O.E.F. (Ministry of environment and Forest) to dispose of the application as per the procedure laid down. Applicant-Union of India may make a proper application as per procedure laid down and the application will be disposed of in the light of the procedure mentioned in Annexure I and III (copy enclosed herewith). After getting necessary permission from the MOEF the applicant may move to this Court for appropriate orders. 3. MOEF is directed to send a copy of this order to all Principal Chief Conservator of Forests (PCCF) for information. 4. In view of this order, the IA is disposed of. 302. I.A no. 3209 in IIIA 3026-3027 in IA 2881 in W.P.(C) NO.202/1995 5. Heard learned counsel for either side. Learned counsel for the applicant has submitted that while passing order dated 22nd July 2011 this Court has referred only to the deletion of 2105.42.41 hectares forest area in 57 villages in four districts of Gujarat State but omitted to note the recommendation of CEC for the deletion of 8830.10 hectares comprising 84 villages, we find justification in the submission. We, therefore clarify the order dated 22/7/2011 and direct to the aggregate area to be deleted is 10935.2611 hectares. Ordered accordingly. 6. CEC pass appropriate orders within two months from the date of the receipt of the copy of the order. 7. IA is disposed of. 303. We, therefore clarify the order dated 22/7/2011 and direct to the aggregate area to be deleted is 10935.2611 hectares. Ordered accordingly. 6. CEC pass appropriate orders within two months from the date of the receipt of the copy of the order. 7. IA is disposed of. 303. IA NOS.150-151 in W.P.(C) NO. 337/1995 8. I.As. Are disposed of in terms of the procedure laid down as in item 301. 304. SLP(C) NO.15402/2010 9. Leave granted. 10. This appeal is preferred by the State aggrieved by the positive direction given by the High Court for forming a road from N.H. 121 to the village of Jamaria. Learned counsel appearing for the State submits that Executive Engineer has consented to the order without getting approval of the Government. 11. We, are of the view, the High Court, has committed an error in issuing a writ of mandamus for the constructing a pucca road. in our view it is primarily for the Government to consider the request for construction of road and its necessity. 12. We are therefore inclined to set aside the judgment of the High Court with the observation that the respondent, if so advised, may file a suitable representation before the State Government, it is for the Government to consider the same in accordance with law. 13. The appeal stands allowed as above. 305. I.A.NO. 3 in SLP(C) NO. 21460/2011. 14. List all the Elephant corridor matters along with I.A. No.5 in SLP(C) 20154/2011 after Dussehra holidays. 15. Interim order is extended till further orders in all the related matters. Petitioners are directed to take steps to serve notice on respondent and complete process. 306: MOUNT ABU I.A. No.972 in I.A. No.757, 1042-1045, 2949 in 757 AND I.A. No............ IN I.A. No.757 IN W.P. (C) NO.202/1995 16. Mr. S.K. Jain, Learned counsel resumed his arguments at 3:00 P.M. and was on his legs when the Court rose for the day. 17. The matters remained part-heard. 307. IA NO.100 IN W.P(C)No.337/1995 308. I.A.NOS. 1308, 1323,1455, 1468, 1478 IN W.P(C)No.202/1995 309. ASKOT MUSK DEER SANCTUARY I.A. NO.1791-1792 IN W.P.(C)No.202/1995 310. IA NO.2716 IN W.P(C)No.202/1995 311. I.A.NO.2469 WITH I.A.NOS.2782,2939-2940 AND I.A.NOS.3023-3024 IN IA 2782, 3030 AND 3032 IN W.P.(C)No.202/1995 WITH W.P(C)No.130/2011 312.SLP(C)No.3941/2010 313. SLP(C)No.28519/2008 18. Not taken up. 314. I.A.NOS.3135-3136 IN W.P.(C)No.202/1995 19. 17. The matters remained part-heard. 307. IA NO.100 IN W.P(C)No.337/1995 308. I.A.NOS. 1308, 1323,1455, 1468, 1478 IN W.P(C)No.202/1995 309. ASKOT MUSK DEER SANCTUARY I.A. NO.1791-1792 IN W.P.(C)No.202/1995 310. IA NO.2716 IN W.P(C)No.202/1995 311. I.A.NO.2469 WITH I.A.NOS.2782,2939-2940 AND I.A.NOS.3023-3024 IN IA 2782, 3030 AND 3032 IN W.P.(C)No.202/1995 WITH W.P(C)No.130/2011 312.SLP(C)No.3941/2010 313. SLP(C)No.28519/2008 18. Not taken up. 314. I.A.NOS.3135-3136 IN W.P.(C)No.202/1995 19. CEC to file a comprehensive report with respect to seniority list of saw mills in Bihar within a period of four weeks. The applicant can also approach the CEC in the meantime. 20. List after four weeks. 315.I.A.NOS.2626, 2642 and 2914 IN W.P.(C)No.202/1995 IA. 2626: 21. This I.A. is disposed of in terms of the procedure laid down as in item 301. IA. 2642: 22. List for final hearing. IA. 2914: 23. List after two week. 316. I.A. NO.1333 IN W.P.(C)No.202/1995 24. learned counsel appearing for the J.&K. submits that he has to get instructions as to whether the details called for by the CEC are supplied or not. If not, to be supplied within three weeks. 25. List thereafter. 317. I.A. NO.2069 IN W.P.(C)No.202/1995 26. This application is preferred by the State of Orissa seeking direction for removal of kenduleaf from the sanctuaries namely Satkosia, Badrama and Sunabeda of Orissa Wildlife Sanctuary. Amicus curiae has submitted that NBW has already denied permission sought for so far as Satcosia sanctuary is concerned. Regarding other two sanctuaries, it is open to the State to make a proper application before the National Board for Wildlife as per the procedure laid down. The said authority will pass appropriate orders on that application. 27. IA is disposed of in terms of the procedure laid down as in item 301. 318. I.A.NOS.2530-2531 IN W.P.(C)No.202/1995 28. Learned counsel appearing for the second respondent-State has submitted that the matter has already been placed before the CEC. Hearing was also over. Amicus curiae to find out the position. 29. List after two weeks. 319. I.A.NOS.2843-2844 IN W.P.(C)No.202/1995 30. Four weeks' time granted for filing rejoinder affidavit. List thereafter. 320. I.A.NOS.1584-1586 IN W.P.(C)No.202/1995 31. This Court has already passed order for closing down of un-authorized saw mills. These applications are disposed of directing the State Government to see that un-authorized and unlicensed saw mills be closed down. 321. I.A.NOS.3114-3116 IN W.P.(C)No.202/1995 32. Issue notice to respondent Nos. 1 to 4 and 6, returnable within three weeks. List thereafter. 320. I.A.NOS.1584-1586 IN W.P.(C)No.202/1995 31. This Court has already passed order for closing down of un-authorized saw mills. These applications are disposed of directing the State Government to see that un-authorized and unlicensed saw mills be closed down. 321. I.A.NOS.3114-3116 IN W.P.(C)No.202/1995 32. Issue notice to respondent Nos. 1 to 4 and 6, returnable within three weeks. Notice be served on the Standing Counsel of respondent Nos. 1 to 4 and 6. As far as respondent No.5 is concerned, learned amicus curiae may look into the matter. 322. I.A. NO.2717 IN I.A. NOS.1135-1136 IN W.P. (C)No.202/1995 33. List for final hearing. 323. I.A. NO.2785 and 3025 IN W.P.(C)No.202/1995 34. List for final hearing.