ORDER Item 302 IA Nos. 3643-3644 in Writ Petition (Civil) No(S). 202 Of 1995 (for Impleadment and Directions) 1. List these applications after two weeks. Rejoinder, if any, be filed in the meanwhile. Item 303 IA Nos. 3277-3280, 3373 & 3662 in Writ Petition (C) No. 202 of 1995 (For impleadment, directions, ex parte stay, exemption from filing official translation, condonation of delay in filing rejoinder affidavit) 2. No one appears for the applicant. List these applications when moved. Item 304 IA No. 3696 in Writ Petition (Civil) No(s). 202 of 1995 (Report of Central Empowered Committee in Application No. 1368) 3. Heard learned counsel for the parties. 4. The Standing Committee of the National Board for Wild Life has recommended that the use of 0.6556 hectares of forest land falling in the Kutch Desert Wildlife Sanctuary by the Border Security Force (BSF) for the construction of Repeater Station at Kaladungar near Khavda, District Bhuj be allowed subject to the following conditions:- (i) the forest officials will not be stopped from moving in the area for carrying out their duties. All the precautions will be taken so that there is no damage to the wildlife. (ii) periodic inspection will be done within 500mts. Of the area to see any change in vegetation and if any change is noticed, necessary remedial action will be taken. (iii) It shall be ensured that no damage is caused to the Wildlife and Sanctuary. (iv) Construction materials will be brought from outside the Sanctuary and no digging of extraction of materials will be done in the Sanctuary. (v) Speed breakers at suitable distance for safety for wildlife shall be provided. (vi) All the conditions laid down by Government of Gujarat, GFD or other agencies will be binding on the user agency. 5. The Central Empowered Committee has also imposed a further condition that the approval should be obtained under the Forest Conservation Act, 1980 for use of the forest land and NPV at the rates applicable for non-forest use of forest areas falling within the Wildlife Sanctuary be deposited with the compensatory Afforestation Fund. 6. Subject to the aforesaid conditions, the permission is granted and the interlocutory application is allowed. Item 305 IA Nos. 3645-3647, 3700-3702, 3703-3705, 3709-3711, 3715-3717 & 3718-3720 in Writ Petition (Civil) No(s). 202 of 1995 (For impleadment, directions and exemption from filing official translation) 7. 6. Subject to the aforesaid conditions, the permission is granted and the interlocutory application is allowed. Item 305 IA Nos. 3645-3647, 3700-3702, 3703-3705, 3709-3711, 3715-3717 & 3718-3720 in Writ Petition (Civil) No(s). 202 of 1995 (For impleadment, directions and exemption from filing official translation) 7. The Central Empowered Committee may submit its response to the prayers made in these applications. List these applications on 16th December, 2013. Item 314 IA No. 3296 in 1310 in 828 in Writ Petition (Civil) No(s). 202 of 1995 (For directions) 8. The State of Rajasthan through the Secretary, Forest Department, Jaipur will be impleaded as respondent No. 5 in the interlocutory application. 9. Issue notice to the respondents. We call for a response not only from the respondents but also from the Central Empowered Committee. 10. The Central Empowered Committee will furnish a copy of the Report on the subject. List the applications after five weeks. Item 315 IA Nos. 3515-3516 & 3532-3533 in IA No. 1173 in 77-78, 83 & 92 in Writ Petition (Civil) No(s). 202 of 1995 (For restoration and condonation of delay in filing application for restoration) 11. Delay condoned. Applications dismissed for default are restored to their original numbers. Replies be filed by the State within a period of four weeks. List thereafter. Item 317 IA No. 3712 in Writ Petition (Civil) No(s). 202 of 1995 (Report of CEC in Application Nos. 1162 and 1371) 12. Heard learned counsel for the parties. 13. The use of 124.054 hectares of forest land falling within the Majathal Wildlife Sanctuary in the State of Himachal Pradesh for the construction of Koldam Hydro-electric Project by the National Thermal power Corporation has been cleared by the Standing Committee of the National Board for Wildlife and has also recommended for clearance by the Central Empowered Committee subject to the following conditions:- (i) for use of forest land falling within the sanctuary approval under the Forest (Conservation) Act, 1980 will be obtained and the NPC at the rates decided by this Hon'ble Court for use of forest land falling within the Wildlife Sanctuary (5 times) of the normal rates of the NPV) will be deposited in the Compensatory Afforestation Fund; (ii) the conditions on which the project has been cleared by the Standing Committee of the National Board for Wildlife will be strictly complied with. This will inter alia imply that the impounding of the reservoir and consequent submergence of 124.054 hectares of forest land falling within the Sanctuary will be permissible only after about 500 hectares of Cheer permissible only after about 500 hectares of Cheer pheasant habitat is purchased/acquired, handed over to the State Government and notified as Sanctuary; (iii) any other condition(s) stipulated by the Chief Wildlife Warden, Himachal Pradesh Forest Department will be complied with. (iv)5% of the approved project cost of Rs. 4527 crore (i.e. Rs. 226.35 crore) will be deposited with the Compensatory Afforestation Fund for undertaking conservation and protection of the protected area in the State of Himachal Pradesh. The expenditure involved for purchasing/acquiring about 500 hectares of area under Cheer pheasant habitat and carrying out habitat improvement works therein (as per the condition stipulated) by the Standing Committee of the National Board for Wildlife and as recommended by the Wildlife Institute of India) will be met out of the above mentioned amount. For this purpose over and above the amounts being released in the normal course, additional amount will be released by the Ad-hoc CAMPA to the State CAMPA. 14. Subject to the aforesaid conditions as recommended by the Central Empowered Committee, the use of forest land for the aforesaid purpose is provided as the same is in public interest. Application stands disposed of. Item 319 IA Nos. 3692, 3698 and 3699 in Writ Petition (Civil) No(s). 202 of 1995 (for impleadment /directions) 15. We call for a report from the Central Empowered Committee on prayers (i) and (ii). 16. List the applications in the first week of February, 2014. Copies of the applications be served on the appearing parties. Item 320 IA No. 2782, 2939-2940 in 2782, 3023-3024 with 2469, 3030 and 3032 in IA Nos. 2939-2940 in Writ Petition (Civil) No(s). 202 of 1995 (For intervention, directions, exemption from filing official translation, bringing on record additional documents, interim directions and permission to file additional affidavit and permission) 17. List these applications in the month of February, 2014 for a suitable date to be fixed by the Bench for hearing and finally disposing of these applications. Item 322 IA Nos. 3539-3540 in Writ Petition No. 202 of 1995 (for Impleadment and Permission) 18. List these applications in the month of February, 2014 for a suitable date to be fixed by the Bench for hearing and finally disposing of these applications. Item 322 IA Nos. 3539-3540 in Writ Petition No. 202 of 1995 (for Impleadment and Permission) 18. This interlocutory application has been filed for permitting the use of 11.541 hectares of forest land falling within the Tadgarh-Raoli wildlife Sanctuary, District Rajasamand, Rajasthan for the upgradation and widening of the existing NH-8 between Beawar and Gomtipur Chauraha. 19. The Chief Wildlife Warden, Rajasthan has permitted the aforesaid use subject to the following conditions: (i) No night camping by labourers or other personnel shall be allowed during the construction of road and construction activity will be permitted only during day time. (ii) No construction material shall be stored within the Sanctuary boundary. (iii) No construction material like sand, soil and stone etc. shall be collected from the sanctuary or forest area. (iv) User agency shall pay an amount equal to 5% of the project cost to the sanctuary management for better management of the Sanctuary; (v) To check the speed of vehicles, speed breakers shall be provided at an interval of 500m in Sanctuary area by user agency; (vi) the underpasses shall be constructed by user agency at an interval of 1km. (vii) The user agency shall put and maintain signboards on both sides of the road mentioning that the road is passing through the Sanctuary. (viii) Plantations in three rows on both sides along the road shall be done and maintained by user agency in consultation with PA in-charge (DCF). (ix) On both sides of the road boundary, pucca wall of about 1.8 mts height shall be constructed by the user agency in consultation with PA in charge (DCF). (x) No tree cutting will be allowed. (xi) The User agency will not create burrow pits in the Sanctuary area, for construction of road. (xii) User agency shall clear all the debris left, after construction is over. 20. (x) No tree cutting will be allowed. (xi) The User agency will not create burrow pits in the Sanctuary area, for construction of road. (xii) User agency shall clear all the debris left, after construction is over. 20. The Central Empowered Committee has also considered the proposal and recommended the permission to be granted for the use of the aforesaid forest area subject to the following conditions: (i) the user agency will obtain approval under the Forest (Conservation) Act, 1980 for non-forestry use of the forest land falling within the Sanctuary (five times of the normal rate of the NPV) will be deposited in the Compensatory Afforestation Fund; (ii) the conditions stipulated by the Standing Committee of the National Board for Wildlife (except the condition No. (ix) relating to constructions of 1.8m high and 12.44 km. Long wall) will be strictly complied with. (iii) 5% of the estimated project cost for the portion of the road of passing through Tadgarh-Raoli Wildlife Sanctuary will be deposited in the Compensatory Afforestation Fund for conservation and protection of the above said Sanctuary; (iv) for each of the 13 underpasses proposed to be constructed on the 12.44 kms. Stretch of the National Highway No. 8 passing through the Sanctuary for the safe passage of wildlife the minimum dimension will be 4 meter (width) and 4 meter (height); and (v) any other conditions imposed by the Chief Wildlife Warden, Rajasthan will be complied with. 21. The permission is granted subject to aforesaid conditions laid down by the Chief Wildlife Warden Rajasthan and the Central Empowered Committee. Applications are disposed of. Item 323 IA No. 2746-2748 in WP(C) NO. 202/1995, 2862, 2894-2895, 2941 in 2746-2748, 3629 in 2746-2748 and 3721 in 3629 in 2746-2748 (For impleadment, directions, exemption from filing official transnational, intervention and permission to file rejoinder affidavit) 22. List the applications in the month of January, 2014. 23. By our order dated 16th September, 2013, T.N. Godavarman Thirumulpad v. Union of India & Ors., IA No. 2784 in WP (C) No. 202 of 1995, we had called for a Report from the Central Empowered Committee within a period of six weeks. It is stated on behalf of the Central Empowered Committee that the Report could not be ready as part of the information called for have not been furnished by the State Government. 24. Mr. It is stated on behalf of the Central Empowered Committee that the Report could not be ready as part of the information called for have not been furnished by the State Government. 24. Mr. Venugopal, learned senior counsel for the applicant M/s. Sarda Mines Private Limited in IA No. 3721 submits that since some of the matters are pending before the High Court, a prayer has been made for not furnishing the required information to the Central Empowered Committee. 25. List this matter in the second week of January, 2014. In the meanwhile, the Central Empowered Committee may not submit its final Report. Items MM1-MM2 IA No. 3714 in Writ Petition (C) No. 202 of 1995 mentioned by Mr. Himanshu Shekhar, Advocate IA Nos. 3277 in Writ Petition (C) No. 202/1995 26. List the applications on 16th December, 2013.