ORDER : K.S.P. Radhakrishanan, C.K. Prasad, JJ. Item No. 301: IA No. 3117 in IA 1991 & 1991 in WP (C) No. 202 of 1995 1. The Learned counsel appearing for the State of Himachal Pradesh seeks for and is granted four weeks' time to file their response. 2. Post after four weeks for final hearing. Item No. 302: IAs Nos.3121-3122 in WP (C) No. 202 of 1995 3. Post after three weeks for report. Item No. 303: IAs Nos.2, 9, 11-13, 16-20, 23,24, 28, 29, 33-34 of 2005 & 37 of 201 in WP (C) No. 171 of 96 4. The Chief Conservator of Forests has filed an affidavit giving details in compliance of the order passed by this Court on 2.9.2011. Environment Awareness Forum v. State of J&k, (2011) 14 SCC 265 sub nom T.N. Godavarman Thirumulpad v. Union of India. The Learned amicus curiae submitted that the CEC would offer his response to the affidavit of the Chief Conservator of Forests. Three weeks' time is sought for. Time prayed for is granted. 5. Post after three weeks. Item No. 304: IAs No. 1117-1118 in WP 202 of 1995 6. Copy of the affidavit filed by the State of Jammu & Kashmir on 10.10.2011 as well as copy of the report of CEC be made available to the applicant. State of Jammu & Kashmir has also to file response to the report of the CEC within three weeks. 7. Post after three weeks. Item No. 305: SLP (C) No. 7031 of 2010 8. The Learned counsel appearing for the State of Maharashtra seeks to submit its response to the IA No. 5 of 2011 within two weeks. Rejoinder, if any, may be filed within two weeks thereafter, on the request made by the applicant that they would only use imported timber in their sawmills. 9. Post the matter after four weeks. Item No. 306: IAs No. 1433 & 1477 in WP 202 of 1995 10. The Learned counsel appearing for the MoEF as well as the State submit that they are working out the modalities as to who would bear the expenses for the protection of wild buffaloes. 11. Post the matter after one month. Item No. 307: IA No. 5 in SLP(C) No. 20154 of 2011 Item No. 308: IA No. 3 in SLP(C) No. 21461 of 2011 Item No. 309: IAs Nos. 26-27 in SLP(C) Nos. 11. Post the matter after one month. Item No. 307: IA No. 5 in SLP(C) No. 20154 of 2011 Item No. 308: IA No. 3 in SLP(C) No. 21461 of 2011 Item No. 309: IAs Nos. 26-27 in SLP(C) Nos. 21463-464 of 2011 Item No. 310: IAs Nos. 3-4 in SLP(C) 17150-151 of 2011 Item No. 311: IAs Nos. 3-4 in SLP(C) 17155-156 of 2011 Item No. 313: IA No. 3 in SLP(C) 21460 of 2011 Item No. 342: IA No. 2 in SLP(C) 17160 of 2011 12. Application(s) for deletion of respondent/proforma respondents are allowed at the risk of the applicants. Interim order is extended till further orders. In the meantime, where service is incomplete, counsel for the petitioner(s) to take steps to serve the notice on the standing counsel for the state of Tamil Nadu as well as on counsel appearing for the MoEF. 13. In the meantime, it is open to the National Board for Wildlife to offer their comments on the report submitted by the Committee constituted by the High Court. MoEF to submit its report within three months. 14. Post all the matters after three months. Item 312: IAs. 12-19 in SLPs(C) Nos. 19628-19629 of 2009 15. The Learned counsel for the applicant submits that recommendation made by the CEC and MoEF is contrary to the order passed by the High Court on 15.5.2009 Vijay Bansal v. State of Haryana, CWP No. 20134 of 2004, order dated 15-5-2009 (P&B). The Learned amicus curiae as well as counsel appearing for the State of Haryana to examine such matter and submit their report/response within two weeks. 16. Post after two weeks. Item No. 314: IA No. 2914 in WP(C) 202 of 1995 17. Post next week. Item No. 315: IAs 2530-2531 in WP(C) 202 of 1995 18. The Learned amicus curiae has sought for and is granted eight weeks' time to submit a report by the CEC. 19. Post after eight weeks. Item No. 316: IAs No. 3239-3240 in WP(C) No. 202 of 1995 20. List next Friday. Item No. 317 and 318: IAs Nos. 3138-3141 in WP(C) No. 202 of 1995 21. The prayer in the applications is allowed in view of the decision taken by the National Board for Wildlife on 24.1.2011 subject to the conditions extracted below: "(i) A Conversion plan for the Swamp Deer would be prepared and implemented by the State Government. Item No. 317 and 318: IAs Nos. 3138-3141 in WP(C) No. 202 of 1995 21. The prayer in the applications is allowed in view of the decision taken by the National Board for Wildlife on 24.1.2011 subject to the conditions extracted below: "(i) A Conversion plan for the Swamp Deer would be prepared and implemented by the State Government. The conservation plan will be prepared in consultation with Dr. Affifullah Khan of Aligarh Muslim University. (ii) Speed breakers with fluorescent plaint warnings signage’s shall be constructed in areas where the wild animals usually cross the pathway. The places where such works shall be carried out will be decided by the concerned DFO. (iii) Storage, melting and mixing of coaltar should take place only on the diverted land. Any requirement of firewood for melting of coaltar by the user agency shall be met by purchasing it from the Forest Corporation or from market, and no firewood shall be collected from the nearby forest area. (iv) No labour camps shall be established inside the forest/sanctuary area. (v) No work shall be allowed between sunset to sunrise. (vi) No crushing/breaking of stone shall be allowed inside sanctuary/forest area. (vii) Construction debris will be disposed of outside the sanctuary area. (viii) Appropriate safeguard measures shall be taken to contain noise pollution. (ix) The stipulations above from serial no. 2 to 7 shall be valid while carrying out maintenance and repair work also. (x) The user agency shall also abide by any other conditions that may be prescribed by the Chief Wildlife Warden. (xi) The Chief Wildlife Warden would submit a compliance report on the implementation of the conditions specified, before the Standing Committee of NBWL, after completion of the project." 22. The applications are disposed of accordingly. Item No. 319: IAs Nos.3204-3205 in WP(C) 202 of 1995 23. The prayer in the applications is allowed in view of the decision taken by the National Board for Wildlife on 09.02.2011 subject to the conditions extracted below: "(i) The status of the land shall remain unchanged. (ii) As per the decision in the Standing Committee meeting of State Board for Wildlife 42.74 hectares of forest land in compartment No. 5/Tunnel shall be added to the Nandni Wildlife Sanctuary. (ii) As per the decision in the Standing Committee meeting of State Board for Wildlife 42.74 hectares of forest land in compartment No. 5/Tunnel shall be added to the Nandni Wildlife Sanctuary. (iii) The User Agency will pay 5% of the cost in proportion to the length falling in the sanctuary area of Jammu-Udhampur section of National Highway to the Wildlife Department to be spent on conservation and development of wildlife. (iv) The User Agency, while implementing the road construction project, will abide by the orders to be issued by the Hon'ble Supreme Court and follow provisions of the Jammu and Kashmir Wildlife (Protection) Act, 1976 (Amended up to 2002) strictly. (v) The User Agency shall also pay NFV charges to the extent of Rs. 7.77 crores on the land to be diverted as per Hon’ble Supreme Court orders. (vi) The portion of the project being used for haulage (approach roads) for excavation of muck from tunnels, shall be restored to the Wildlife Department after completion of work. (vii) The existing road falling in the sanctuary that shall be abandoned due to realignment shall be handed over to the Wildlife Department. (viii) The right of way shall be 60 meters. (ix) The User Agency shall secure environmental clearance shall be implemented as per rules and regulations in vogue. (x) The User Agency will follow the eco-friendly engineering practices during the construction. (xi) The project staff and labourers involved in the construction of the road will sensitised about the do's and don'ts in Ramnagar Nandni Wildlife Sanctuaries. (xii) Warning/information sign boards and hoarding shall be provided on the road sections passing through the wildlife sanctuary. (xiii) No borrowing of soil/earth shall be carried out within boundary of the wildlife sanctuary. (xiv) No quarrying/mining operations shall be carried out within boundary of the wildlife sanctuary. (xv) For control of dust clouds, water sprinkling shall be carried out regularly on the road sections under project work. (xvi) "No Horn" signage shall be provided by the user agency at the spots where the road passes through the wildlife sanctuary. (xvii) Noisy construction works shall be scheduled to coincide with the period when wildlife would be least affected. No construction works shall be carried out during night time. (xviii) Monitoring of air, noise and water quality shall be carried out along the road to ensure the effectiveness of the environmental management measures. (xvii) Noisy construction works shall be scheduled to coincide with the period when wildlife would be least affected. No construction works shall be carried out during night time. (xviii) Monitoring of air, noise and water quality shall be carried out along the road to ensure the effectiveness of the environmental management measures. (xix) Any form of poaching by anyone, particularly by the road construction workers, will be strictly prevented. In the event of any case of poaching noticed during the construction of the roads, the user agency would be held responsible. (xx) The construction debris generated due to the construction of road will be disposed of in an environmental friendly manner outside the limits of the sanctuary. (xxi) The User Agency will ensure that littering of any kind is strictly avoided by its staff and also by construction workers. All waste material such as plastics, tar barrels, gunny sacks, bottles, tin cans etc. would be properly disposed of. No waste material will be left either near or away from the road in the sanctuary. (xxii) The User Agency will ensure that minimum damage is done to the local flora. Cutting of local flora by construction workers would be strictly prohibited. The concerned officials of the user agency would conduct surprise checks, in collaboration with the Conservator of Forests (Wildlife), Jammu or his representative to see that no damage is caused to the flora and fauna. (xxiii) The Chief Wildlife Warden would submit a compliance report on the implementation of the conditions specified, before the Standing Committee of NBWL after completion of the project." The applications are disposed of accordingly. Item 320: IAs Nos.3206-3207 in WP(C) 202 of 1995 24. The prayer in the applications is allowed in view of the decision taken by the National Board for Wildlife on 09.02.2011 subject to the conditions extracted below: "(i) Speed breakers with fluorescent paint warning signages shall be constructed in areas where the wild animals usually cross the pathway. The places where such works shall be carried out will be decided by the concerned DFO. (ii) Storage, melting and mixing of coaltar should take place only on the diverted land. (iii) Any requirement of firewood for melting of coaltar by the user agency shall be met with purchasing it from the Forest Corporation or from market, and no firewood shall be collected from the nearby forest area. (ii) Storage, melting and mixing of coaltar should take place only on the diverted land. (iii) Any requirement of firewood for melting of coaltar by the user agency shall be met with purchasing it from the Forest Corporation or from market, and no firewood shall be collected from the nearby forest area. (iv) No labour camps shall be established inside the forest/sanctuary area. (v) No work shall be allowed between sunset to sunrise. (vi) No crushing/breaking of stone shall be allowed inside sanctuary/forest area. (vii) Construction debris will be disposed of outside the sanctuary area. (viii) Appropriate safeguard measures shall be taken to contain noise pollution. (ix) The stipulations above from serial No. 2 to 7 shall be valid while carrying out maintenance and repair work also. (x) The user agency shall also abide by any other conditions that may be prescribed by the Chief Wildlife Warden. (xi) The Chief Wildlife Warden would submit a compliance report on the implementation of the conditions specified, before the Standing committee of NBWL after completion of the project." 25. The applications are disposed of accordingly. Item 321: IAs Nos.2421-2422 in WP(C) 202 of 1995 26. The Learned amicus curiae submits that the CEC would submit a report within three weeks. Post after three weeks. Item No. 322: IAs 2981-2982 in IA 2439 in WP 202 of 1995 27. Report of the CEC is awaited. Post after four weeks. 28. The Learned counsel appearing for the petitioner submitted that the matter is not relating to forest. Hence post the matter before appropriate Bench after the ensuing Diwali holidays. Item 324: SLP(C)... CC No. 3433 of 2009 29 None appears for the petitioners. The special leave petition is dismissed for non-prosecution. Item 325: IAs Nos.3118-3120 in WP 202 of 1995 30. The Learned amicus curiae submitted that the CEC is going for site verification. In the meantime, MoEF will comply with the order dated 2.9.2011. Environment Awareness Forum v. State of J&K, (2011) 14 SCC 265 sub nom T.N. Godavarman Thirumulpad v. Union of India. Learned counsel for the MoEF submitted that he would produce the concerned files. 31. Post the matter after two months. Item 326: IAs Nos.3051-3053 in WP(C) 202 of 1995 32. The Learned counsel for the State of Kerala prays for four weeks' time. Prayer granted. 33. Post after four weeks. Item 327: IAs Nos.3094-3095 in WP(C) 202 of 1995 34. Learned counsel for the MoEF submitted that he would produce the concerned files. 31. Post the matter after two months. Item 326: IAs Nos.3051-3053 in WP(C) 202 of 1995 32. The Learned counsel for the State of Kerala prays for four weeks' time. Prayer granted. 33. Post after four weeks. Item 327: IAs Nos.3094-3095 in WP(C) 202 of 1995 34. Post after three weeks. Item 328: IAs Nos.3047-3048 in WP(C) 202 of 1995 35. Post after four weeks. Item 329: IA No. 2066 arising out of Contempt Petition (C) 133 of 2007 in WP(C) No. 202 of 1995 36. Post after one month. Item 330: IAs Nos.2228-2229, 2575-2576, 2577-2578 in WP(C) No. 202 of 1995 37. Post next week. Item 332: IA No. 3109 arising out of Contempt Petition(C) No. 241/2011 in IA No. 1631 in WP (C) No. 202 of 1995 38. The Learned amicus curiae is granted time to examine as to whether concurrence of the CEC was obtained after order dated 23.4.2010.T.N. Godavarman Thirumulpad v. Union of India, (2010) 6 SCC 710 was passed. CEC will also examine as to how many units are situated in Government and industrial estate. 39. Interim order to continue for two months. Post after four weeks. Item 333: IA No. 925 with Contempt Petition (C) No. 193 of 2001, IA No. 1127 in 925 and IA 4 in Contempt Petition (C) 193 of 2001 in WP(C) 202 of 1995: 40. The Learned counsel appearing for the petitioner submits that he will get ready to go on with the case. 41. Post after three weeks. Item 334 to 339: IAs Nos.2902-2903 and 3208, 2904-2905, 2906-2907, 2908-2909, 2910-2911, 2935-2936 in W.P.(C) No. 202 of 1995 42. The Learned counsel appearing for the applicant(s) brought to our notice the notice dated 25.7.2011 issued by the Divisional Forest Officer. This Court by order dated 9.9.2011. Centre for Environmental Law, World Wide Fund-India v. Union of India, (2011) 14 SCC 293 has already granted stay of the notices dated 14.6.2010 and 24.6.2010. In the circumstances, no further proceedings be initiated by the officer pursuant to notice dated 25.7.2011. The interim order granted by this Court is extended by two months. 43. The State of Orissa is directed to file its affidavit within a period of one month. MoEF will also file its response. 44. Post the matters after two months. In the circumstances, no further proceedings be initiated by the officer pursuant to notice dated 25.7.2011. The interim order granted by this Court is extended by two months. 43. The State of Orissa is directed to file its affidavit within a period of one month. MoEF will also file its response. 44. Post the matters after two months. Item 340: MOUNT ABU: IA Nos.972 in IA 757, 1042-1045, 2949 in 757 and IA No... in IA 757 and IA No... of 2011 in IAs No. 1042-1045 in WP(C) No. 202 of 1995 45. Time is extended by one month to submit the zonal master plan by the State of Rajasthan subject to any objections to be taken by the petitioner. 46. Mr. Sushil Kumar Jain, learned counsel, resumed his arguments at 3.10 p.m. and was on his legs when the Court rose for the day. 47. The matter remained part-heard. Item 341: SLP(C)... CCs 15958 of 2011 & 16898 of 2011 48. Permission to file SLPs is granted. Issue notice. Dasti, in addition, is permitted. 49. Petitioners are permitted to serve the notice on the standing counsel for the State of Tamil Nadu as well as on counsel appearing for MoEF as well. State to file counter affidavit within four weeks. 50. There shall be stay of dispossession and demolition of the buildings of the petitioners till further orders. It is open to the National Board for Wildlife to offer their comments on the report submitted by the Committee constituted by the High Court. MoEF to submit its report within three months. 51. Post along with SLP(C) No. 20154 of 2011 (Item No. 307).