ORDER : Chandramauli KR. Prasad, J. - Item No. 301 1. Four weeks' time is granted to C.E.C. to file its report. 2. Post after four weeks. Item No. 302 3. Two weeks' time is granted to C.E.C. to file its report. 4. Post after two weeks. Item No. 303 5. Learned counsel appearing for the State submits that the records are ready. However, no report has been filed by the C.E.C. In the circumstances, four weeks' time is granted to C.E.C. to file its report. 6. Post after four weeks. Item No. 304 7. I.A. No. 3370 of 2012 has been filed for withdrawal of I.A. Nos. 3127-3128 of 2011. The applicant is permitted to withdraw the applications. Consequently, all the applications are disposed of as withdrawn. Item No. 305 8. C.E.C. prays for six weeks' time to file its report. Time, as prayed for, is granted. 9. Post after six weeks. Item No. 306 10. A copy of the applications be served on Mr. B. Balaji, learned standing counsel for the State of Tamil Nadu who will take instructions in the matter. 11. Post after three weeks. Item No. 307 12. The application is allowed after perusing the affidavit submitted by MoEF. It is stated that the MoEF has no objection in allowing the application. The operative portion of the applications is as follows :- "The MoEF does not have any objection in case this Hon'ble Court allows the applicant to fell the said 1041 Khair trees, subject to a condition that applicant shall provide funds to the Forest Department of the State Government of Jammu and Kashmir for planting and maintenance of Khair plants, at-least ten times the number of Khair trees proposed to be felled for execution of the project." 13. The applicant has to comply with the above condition. 14. The application is allowed if the aforesaid condition is agreeable to the parties. Item No. 308 15. Learned counsel appearing for the State of U.P. sought four weeks' time to file Counter Affidavit. Time, as prayed for, is granted. 16. Post after four weeks. Item No. 309 17. In view of the letter circulated by learned counsel for the applicants, post this matter after two weeks. Item No. 310 18. Item No. 308 15. Learned counsel appearing for the State of U.P. sought four weeks' time to file Counter Affidavit. Time, as prayed for, is granted. 16. Post after four weeks. Item No. 309 17. In view of the letter circulated by learned counsel for the applicants, post this matter after two weeks. Item No. 310 18. The applicant shall furnish copy of the application to the learned counsel appearing for the State of Rajasthan who will take instructions in the matter in view of the order of the District Collector dated 27.7.2010 which says that Government approval has been obtained for transfer of 70 hectares land from Khasra No. 111 measuring area 101.15 hectares of village Bichun, Tehsil Mouzamabad in favour of the Forest Department, in lieu of getting 70 hectares land released from the Nahargarh Wildlife Zoo. 19. Post after three weeks. 20. Learned Amicus Curiae submits that the Government has to take steps to issue Notification under Section 18 of the Wild Life (Protection) Act. State of Rajasthan to reply. Item No. 311 21. The order under challenge was of 19.12.2005. 22. The applicant has not availed of the remedy available under the M.P. Kashtha Chiran (Viniyaman) Adhiniyam, 1984. 23. We, therefore, find no reason to entertain this application. The same is, accordingly, dismissed. Item No. 312 24. This application has been preferred for construction of three village roads passing through the Balaram ambaji Wildlife Sanctuary. The matter was examined by the National Board of Wild Life (NBWL). 25. So far as Item Nos. 23. We, therefore, find no reason to entertain this application. The same is, accordingly, dismissed. Item No. 312 24. This application has been preferred for construction of three village roads passing through the Balaram ambaji Wildlife Sanctuary. The matter was examined by the National Board of Wild Life (NBWL). 25. So far as Item Nos. 1 to 6 at page No.2 of the C.E.C. Report dated 15th November, 2011, NBWL has recommended for approval on 22.12.2009 for the proposed subject to the following conditions :- (i) the road development shall be carried out with the utmost care; (ii) the material requires shall be obtained from outside the Sanctuary area; (iii) it shall be ensured that no damage is caused to the Wildlife and Sanctuary; (iv) amount for the tree felling would be deposited in advance; (v) for movement of runoff water and wildlife, minimum of one subway per 3 kms., 1 culvert per every 8 meter for maintaining the continuity of water and speed breakers at suitable distance for the safety of wildlife shall be provided; (vi) construction material will be brought from outside the Sanctuary and no digging for the extraction of material will be done in the Sanctuary; (vii) all the conditions laid down by the Government of Gujarat, GFD or any agency shall be binding on the user agency; and (viii) no further works would be approved on the above roads. 26. So far as Item Nos. 26. So far as Item Nos. 7 and 8 are concerned, NBWL has recommended for approval on 12.4.2010 for the proposed subject to the following conditions :- (i) No black topping of the above roads would be done; (ii) the road development shall be carried out with the utmost care; (iii) it shall be ensured that no damage is caused to the Wildlife and sanctuary; (iv) for the movement of runoff water and Wildlife, minimum of one subway per 3 kms, culvert per every 8 meter for maintaining continuity of water and speed breakers at suitable distance for the safety of the wildlife shall be provided; (v) all the construction material and the other material will be brought from outside the Sanctuary and no digging for extraction material will be done in the Sanctuary; (vi) all the conditions laid down by the Government of Gujarat, GFD or any agency shall be binding on the user agency; and (vii) no further works would be approved on the above roads. So far as Item No. 9 is concerned, NBWL has recommended for approval on 14.5.2010 for the proposed subject to the following conditions :- (i) Only gravel road is recommended and no black topping of the above road would be done; (ii) the road development shall be carried out with the utmost care; (iii) it shall be ensured that no damage is caused to the Wildlife and Sanctuary; (iv) for the movement of runoff water and wildlife, minimum of one subway per 3 kms, culvert per every 8 meter for maintaining the continuity of water and the speed breakers at suitable distance for the safety of wildlife shall be provided; (v) all the construction material and the other material will be brought from outside the Sanctuary and no digging for extraction material will be done on the Sanctuary; (vi) all the conditions laid down by Government of Gujarat, GFD or any agency shall be binding on the user agency; and (vii) the Committee also decided to advise the State Government to finalise and process rationalisation of boundaries of the Sanctuary and till then, no other road proposal will be considered in this Sanctuary. Further C.E.C. in its Report dated 15th November, 2011 has also added two other conditions :- (i) for the use of the forest land approval under the Forest (conservation) Act, 1980 will be obtained and the NPV payable as per the rates applicable for the use of the forest land falling in the Wildlife Sanctuary will be deposited; and (ii) the conditions on which the proposals for the construction of the roads have been cleared by the State Board for Wildlife, Gujarat and the Standing Committee of the National Board for Wildlife will be strictly complied with. 27. The application is allowed subject to the above mentioned conditions. Item No. 313 28. This application has been preferred seeking permission for use of 12.8 hectares of land falling in the Jawahar Sagar Wildlife Sanctuary for the Implementation of the Chambal Bhilwara Water Supply Project. The proposal was considered by the NBWL and has recommended the proposal for sanction in its meeting held on 25th April, 2011 on the following conditions :- (i) The user agency shall deposit 5% of the project cost for the better management of the sanctuary area. (ii) No labour camps will be established in the sanctuary for the project work. (iii) The project work, particularly, the lopping and felling of the trees will be undertaken under the supervision of the officials of the Forest Department. (iv) At least two water points will be constructed in forest block Peermagra by user agency in consultation with DCF (Wildlife), Kota, to provide drinking water to wild animals. The regular water supply for the purpose will be made by the user agency free of cost 24 hours. (v) No blasting will be carried out in the Sanctuary area. (vi) No disturbance/obstacle will be created to obstruct the movement of wildlife during the laying of the pipeline, and its maintenance. (vii) The State Government will ensure that the water would be used for the bonafife domestic use of the people, and will not be put to any commercial use. 29. (vi) No disturbance/obstacle will be created to obstruct the movement of wildlife during the laying of the pipeline, and its maintenance. (vii) The State Government will ensure that the water would be used for the bonafife domestic use of the people, and will not be put to any commercial use. 29. The C.E.C. in its report dated 2.11.2011 has also imposed the following conditions :- (i) For the use of the forest are approval under the FC Act will be obtained; (ii) 5% of the project cost will be deposited in the Compensatory Afforestation Fund for undertaking the conservation and the protection measures in the Sanctuary area; and (iii) the conditions on which the project has been cleared by the Standing Committee of the National Board for Wildlife will be strictly complied with. 30. The application is allowed subject to the above conditions. Item No. 314 31. This application has been preferred seeking permission for the laying of the additional water pipeline over the existing water pipeline passing through the National Chambal Gharial Sanctuary, Rajasthan. The proposal was considered by the NBWL in its 22nd Meeting dated 25th April, 2011 and decided to recommend the proposal subject to the condition that no new project on River Chambal would be considered by the Standing Committee of the NBWL in future. 32. The CEC in its report dated 2.11.2011 has also imposed the following conditions :- (i) 5% of the project cost will be deposited in the Compensatory Afforestation Fund for undertaking the conservation and the protection measures in the Wildlife Sanctuary; (ii) the conditions stipulated by the Chief Wildlife Warden will be strictly complied with; (iii)no tree felling will take place within the Sanctuary area for the implementation of the project; and (iv) the water pipeline will be laid over the existing water pipeline constructed for the Stage-I of the project and without utilising any additional area falling within the Sanctuary. 33. The application is allowed subject to the above mentioned conditions. Item No. 315 34. Issue notice. 35. The C.E.C. will examine the application and submit its report within six weeks. Item No. 316 36. The District Collector, Gwalior, M.P. has issued a show cause notice dated 28.6.2011 to the applicant and the applicant filed his reply on 8.11.2011, but so far no final decision has been taken by the District Collector submits the applicant. Issue notice. 35. The C.E.C. will examine the application and submit its report within six weeks. Item No. 316 36. The District Collector, Gwalior, M.P. has issued a show cause notice dated 28.6.2011 to the applicant and the applicant filed his reply on 8.11.2011, but so far no final decision has been taken by the District Collector submits the applicant. If that be so, the District Collector, Gwalior will pass appropriate orders within a period of one month from the date of receipt of a copy of this Order. Item No. 317 37. In view of the letter circulated, post this matter after three weeks. Item No. 318 38. Post this matter on 13th February, 2012. Item No. 319 39. Post this matter along with Item No. 322 (I.A. Nos. 1308, 1323, 1455, 1468, 1478 in W.P.(C) No. 202 of 1995. Item No. 336 40. Mr. P.S. Patwalia, learned senior counsel resumed his arguments at 2.45 p.m. and was on his legs when the Court rose for the day. The matters remained as part heard. 41. Rest of the matters were not taken up.