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2012 DIGILAW 1057 (SC)

M. C. Mehta v. Union of India

2012-11-19

D.K.JAIN, MADAN B.LOKUR

body2012
ORDER : I.A. NO.498 in W.P.(C) NO. 13381/1984 (Application for Exemption from Official Translation) Exemption allowed. I.A. NO.497 in W.P.(C) NO. 13381/1984 (Application for impleadment) 2. Application for impleadment is allowed, subject to just exceptions. I.A. NO.496 in W.P.(C) NO.13381/1984 (Application for Directions) 3. By this application, the applicant, namely, Dedicated Freight Corridor Corporation of India Limited, seeks permission of this Court to cut 4314 number of trees, stated to be falling in the "Taj Trapezium zone". 4. Vide order dated 7th September, 2012, comments of the Central Empowered Committee on the present application were sought for. 5. In its report, dated 10th October, 2012, the Committee has made the following observations and recommendations: "9. Considering that the project is in public interest and is of national importance, that the alignment of the EDFC along the existing railway track is the best option available, that the felling of trees required is the bare minimum that this is an environment friendly project, and that the DFCCI has offered to undertake plantation of 25,000 trees, the CEC recommends the project subject to the following conditions: (i) statutory clearance for diversion of forest land would be obtained under Section 2 of the Forest (Conservation) Act, 1980; (ii) the Net Present Value (NPV) and compensatory charges payable for the forest land diverted would be deposited with Ad-Hoc CAMPA; and (iii) the plantation of 25,000 trees, in lieu of 4,313 trees felled, would be undertaken." 6. It is clear that while observing that the project is environment friendly, and that the applicant has offered to undertake plantation of 25,000 trees, the Committee has recommended grant of permission, subject to the extracted conditions. 7. In the light of the said recommendation, we allow the application and permit the applicant to cut 4314 trees, subject to their complying with the aforesaid conditions. The new trees, to be planted in terms of this permission, shall be indigenous. 8. The applications stand disposed of accordingly. I.A. NO.3271 IN WP(C) NO.202/1995 9. Application for impleadment is allowed, subject to just exceptions. I.A. NO.3272 IN WP(C) NO.202/1995 10. Before passing any order on the application, seeking permission for cutting of 56,922 number of trees, stated to be falling in 'Taj Trapezium zone', we feel that it would be appropriate to seek the opinion of the Central Empowered Committee on the prayer made in the application. 11. I.A. NO.3272 IN WP(C) NO.202/1995 10. Before passing any order on the application, seeking permission for cutting of 56,922 number of trees, stated to be falling in 'Taj Trapezium zone', we feel that it would be appropriate to seek the opinion of the Central Empowered Committee on the prayer made in the application. 11. Let copies of the application be forwarded to the said Committee, for comments. We request the Committee to submit its comments, as expeditiously as possible, and, in any case, not later than three weeks from the date of receipt of a copy of this order. 12. List thereafter.