Supreme Court - Daily Orders
In Re : T.N. Godavarman Thirumulpad vs Union Of India And Ors. on 15 March, 2023
Bench: B.R. Gavai, Vikram Nath, Sanjay Karol
ITEM NOS.18 & 19 COURT NO.8 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 202/1995
IN RE : T.N. GODAVARMAN THIRUMULPAD Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. & ORS. Respondent(s)
(INTERLOCUTORY APPLICATIONS FOR 15.03.2023
“ONLY”
[ 1 ] I. A. No. 108146 OF 2022
[APPLICATIONS FOR DIRECTIONS ]
IN I.A. NOs. 982-984/2003 (DISPOSED OF)
[APPLICATIONS FOR DIRECTIONS]
IN RE : SMT. MAGAN DEVI MEENA
WITH
W.P. (C) NO. 633 OF 2022
AND
[ 2 ] I. A. Nos. 118236 AND 129623 OF 2020
[APPLICATIONS FOR IMPLEADMENT AND DIRECTIONS]
IN RE : M/O AGRICULTURE AND FARMERS WELFARE
AND
[4] [I] CONTEMPT PETITION (CIVIL) NO. 319 OF 2021
WITH
I. A. No. 66719 OF 2021
(APPLICATION FOR EXEMPTION FROM FILING NOTORIZED AFFIDAVIT)
IN
I. A.No. 90182 OF 2019
(APPLICTION FOR DIRECTIONS)
IN RE : RAJAJI TIGER RESERVE, UTTARAKHAND
WITH
[ii] I. A. No. 186910/2022
(CEC REPORT NO. 30/2022 - REPORT OF CEC IN APPLN. NO. 1557/2022
FILED BEFORE IT BY GAURAV KUMAR BANSAL)
IN RE : GAURAV KUMAR BANSAL
AND
[iii] I.A. NO. 20650/2023
(CEC REPORT NO. 3/2023 - REPORT OF CEC IN APPLN. NO. 1558/2021
FILED BEFORE IT BY GAURAV KUMAR BANSAL)
Signature Not Verified
Digitally signed by
Narendra Prasad
Date: 2023.03.28
IN RE : GAURAV KUMAR BANSAL
20:20:54 IST
Reason:
AND
[ 5 ] IN RE : “CONSTRUCTION OF MULTI STOREYED BUILDINGS IN FOREST
1
LAND MAHARASHTRA”
[ i ] I. A. No. 2079/2007
[APPLICATION FOR IMPLEADMENT AND DIRECTIONS]
WITH
[ ii ] I.A Nos. 2301-2302
[APPLICATIONS FOR IMPLEADMENT AND DIRECTIONS]
AND
[ iii ] I.A. Nos. 3044-3045
[APPLICATIONS FOR IMPLEADMENT AND DIRECTIONS]
AND
[ iv ] I.A. Nos. 2771-2772
[APPLICATIONS FOR IMPLEADMENT AND DIRECTIONS]
AND
[ v ] I.A.Nos. 111725 AND 154041/2018
[APPLICATIONS FOR SUBSTITUTION OF APPLICANT, i.e. SMT. HOUSABAI
HARIBHAU BHAIRAT AND CONDONATION OF DELAY
IN FILING APPLICATION FOR SUBSTITUTION IN I.A. NOS. 2771-
2772/2009]
WITH
[ vi ] W.P.(C) NO. 301/2008
AND
[ 6 ] I.A. Nos. 2930 AND 3963
[APPLICATIONS FOR DIRECTIONS AND
PERMISSION TO FILE ADDITIONAL DOCUMENTS]
WITH
I.A. No. 160714 OF 2019
[APPLICATION FOR EXEMPTION FROM FILING OFFICIAL TRANSLATION]
IN RE : M/S SHEWALKER DEVELOPERS LTD.
AND
[ 7 ] .A. No. 26663/2023 [APPLICATION FOR DIRECTIONS]
IN RE : VISHANT VASUDEV VAZE
AND
[ 8 ] I. A. Nos. 21531 AND 21636/2023
[APPLICATIONS FOR DIRECTIONS AND IMPLEADMENT]
IN RE : M/S. BALASORE ALLOYS LIMITED, ODISHA
AND
[ 9 ] I. A. No. 191635/2022
(CEC REPORT NO. 31/2022 - REPORT OF CEC IN APPLN. NO. 1559/2022
FILED BEFORE IT BY MINISTRY OF FINANCE)
LISTED ONLY FOR DIRECTIONS TO MoEF IN VIEW OF ORDER DT. 08.02.2023)
IN RE : MINISTRY OF FINANCE
AND
[ 10 ] . NOS. 32471 AND 43586/2023
IN SLP(C) NO. 25047/2018
AND
[ 11 ] I. A. Nos. 195467 AND 195468/2022
[APPLICATIONS FOR MODIFICATION OF COURT’S ORDER DT. 03.06.2022 AND
EXEMPTION FROM FILING O.T.]
2
IN RE : STATE OF UTTAR PRADESH
AND
[ 12 ] I. A. NOS. 131377 AND 147102 OF 2022
[APPLICATIONS FOR MODIFICATION OF COURT’S ORDER DT. 03.06.2022 AND
PERMISSION TO FILE APPLICATION FOR MODIFICATION ]
IN RE : MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE
(MoEFCC)
WITH
I.A. No. 205092/2022
[Application for modification of court’s order dt. 03.06.2022
on b/o State of Karnataka]
WITH
I.A. 162283 and 162284 of 2022 in I. A. D. No. 125746/2022
[Appeal under order XV rule 5 against impugned order dated
19.09.2022 and condonation of delay in filing the same]
WITH
I.A. No. 5764/2023
[Application for intervention ]
WITH
I.A. No. 6804/2023
[Application for intervention]
AND
I. A. No. 10911/2023
[Application for intervention]
AND
I.A. Nos. 118604 AND 118606/2022
[Applications for Impleadment and exemption from filing notarized
affidavit]
WITH
I. A. Nos. 119400, 119401 AND 119404/2022
[Applications for Modification of Court’s Order dt. 03.06.2022,
Clarification/Directions and exemption from filing notarized
affidavit]
AND
I.A. Nos. 137132, 137138, 137140 AND 137143/2022
[Applications for Impleadment, Modification of Court’s Order dt.
03.06.2022, Stay and Exemption from filing notarized affidavit]
AND
[ 13 ] [ i ] IN RE : JANMAM ESTATES IN TAMIL NADU
[ALONG WITH AFFIDAVITS DATED 24.10.2017 AND 17.11.2017 FILED ON
BEHALF OF CHIEF SECRETARY, GOVT. OF TAMIL NADU IN I.A.No. 2702 ]
WITH
[ ii ] I. A. No. 2702 (Applications for Permission)
WITH
[ iii ] I. A. No. 19859/2018 [Applications For Impleadment]
WITH
[ iv ] I. A. No. 133562/2019 [APPLICATION FOR INTERVENTION]
In Re : NILAMBUR KOVILAKAM
3
WITH
[ v ] CONTEMPT PETITION (CIVIL) NO.193/2001
WITH
I. A. No. 4 (Application for Directions)
In re : Permission to carry out work related to basic amenities
in the Janmam Lands in the State of Tamil Nadu
AND
[14] I. A. No. 3949 OF 2016 [APPLICATION FOR DIRECTIONS]
IN RE : GRANT OF MINING LEASE TO M/S PUTAMBEKAR MINERALS
AND
[15] CIVIL APPEAL NOS. 12234-12235 OF 2018
WITH CONTEMPT PETITION (CIVIL) NO. 938/2021
AND
[ 16 ] INTERLOCUTORY APPLICATION NO. 107443/2021
(CEC REPORT NO. 11)
[APPLICATION FOR DIRECTIONS FILED BEFORE CEC
BY DR. P.C. PRASAD AND ADITYA PRASAD, APPLICANTS]
WITH
INTERLOCUTORY APPLICATION D. NO. 161311 AND
INTERLOCUTORY APPLICATION NO. 161312/2021
[APPLICATIONS FOR INTERVENTION AND DIRECTIONS
ON BEHALF OF BY DR. P.C. PRASAD AND ADITYA PRASAD, APPLICANTS IN
I.A. NO. 107443/2021]
IN RE : DELHI METRO RAIL CORPORATION (DMRC)
[(ONLY S. NO. 16 ) IS TO BE TAKEN UP ALONGWITH
WRIT PETITION (CIVIL) NO. 149/2023 IN VIEW OF ORDER DT.
21.02.2023)]
IN WRIT PETITION (CIVIL) NO. 202/1995
WITH
I.A. No. 179389/2018
[APPLICATION FOR MODIFICATION OF COURT’S ORDER DATED 07.05.2002 IN
I. A. NO. 502]
AND
I.A. No. 69399/2021
[APPLICATION FOR PERMISSION TO FILE ADDITIONAL AFFIDAVIT]
AND
I.A. No. 144539/2021
[APPLICATION FOR INTERVENTION IN I.A. NO. 179389/2018]
AND
I.A. No. 13413/2023
[CEC REPORT NO. 2/2023 – NOTE FILED BY MEMBER SECRETARY, CEC
IN I.A. NO. 179389/2018]
IN RE : U.T. OF ANDAMAN AND NICOBAR ADMINISTRATION
AND
[3] I. A. Nos. 90862 AND 90864 OF 2021
[APPLICATIONS FOR DIRECTIONS AND EXEMPTION FROM FILING O.T.]
IN RE : M/S. JAIPUR SILICA SUPPLY CO., RAJASTHAN
4
WITH
CONMT.PET.(C) No. 193/2001 In W.P.(C) No. 202/1995 (PIL-W)
(FOR ON IA 4/2006)
C.A. No. 12234-12235/2018 (XVII)
(FOR APPLICATION FOR PERMISSION ON IA 39315/2021
FOR impleading party ON IA 100097/2021
FOR INTERVENTION/IMPLEADMENT ON IA 100097/2021
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100099/2021
FOR impleading party ON IA 116495/2022
FOR INTERVENTION/IMPLEADMENT ON IA 116495/2022
FOR APPLICATION FOR VACATION OF INTERIM ORDER ON IA 116496/2022
IA No. 39315/2021 - APPLICATION FOR PERMISSION
IA No. 126327/2021 - APPLICATION FOR PERMISSION
IA No. 116496/2022 - APPLICATION FOR VACATION OF INTERIM ORDER
IA No. 100099/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 100097/2021 - INTERVENTION/IMPLEADMENT
IA No. 116495/2022 - INTERVENTION/IMPLEADMENT)
SLP(C) No. 25047/2018 (XVI)
(IA No. 32471/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 43586/2023 - INTERVENTION/IMPLEADMENT)
CONMT.PET.(C) No. 938/2021 in C.A. No. 12234-12235/2018 (XVII)
(FOR ADMISSION)
W.P.(C) No. 633/2022 (X)
(IA No. 113675/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 113674/2022 - EXEMPTION FROM FILING O.T.)
W.P.(C) No. 301/2008 (PIL-W)
(IA No. 2/2008 - EXEMPTION FROM FILING O.T.)
W.P.(C) No. 149/2023 (X)
(List on 14.3.2023 along with IA Nos. 161311/2021, 161312/2021 and
IA No. 107443/2021 in W.P.(C) No. 202/1995 AS PER HON'BLE COURT'S
ORDER DATED 21.02.2023
IA No. 13029/2023 - EX-PARTE STAY
IA No. 13030/2023 - EXEMPTION FROM FILING O.T.)
CONMT.PET.(C) No. 319/2021 in W.P. (C) No. 202/1995 (PIL -W)
(WITH APPLN. FOR EXEMPTION FROM FILING AFFIDAVIT)
Date : 15-03-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE VIKRAM NATH
HON'BLE MR. JUSTICE SANJAY KAROL
5
Amicus Curiae
Mr. A.D.N. Rao,Sr.Adv. (Amicus Curiae)
Mr. K. Parameshwar,Adv. (Amicus Curiae)
Ms. Arti Gupta, Adv.
Ms. Kanti, Adv.
Mr. Harish N. Salve, Sr. Adv. (N.P.)
Ms. Aparajita Singh, Sr. Advocate (N.P.)
Mr. Siddhartha Chowdhury, Advocate (N.P.)
Counsel for parties
Mr. Balbir Singh, A.S.G.
Ms. Aishwarya Bhati, A.S.G.
Mr. Gurmeet Singh Makker, AOR
Ms. Archana Pathak Dave, Adv.
Mr. Chinmayee Chandra, Adv.
Ms. Suhashini Sen, Adv.
Mr. S. S. Rebello, Adv.
Mr. Shyam Gopal, Adv.
Mr. Raghav Sharma, Adv.
Mr. Sughosh Subramanyam, Adv.
Dr. Arun Kumar Yadav, Adv.
Mr. Piyush Beriwal,Adv.
Mr. Naman Tandon,Adv.
Mr. Navanjay Mahapatra,Adv.
Mr. Samarvir Singh,Adv.
Mr. Amrish Kumar,Adv.
Ms. Suhasini Sen,Adv.
Ms. Shagun Thakur,Adv.
Ms. Manisha Chava,Adv.
Ms. Shivika Mehra,Adv.
Mr. Manish Chaurvedi,Adv.
Mr. K.M. Nataraj, A.S.G.
Mr. Shreekant Neelappa Terdal, AOR
Mr. Mrinal Elkar Mazumdar, Adv.
Mr. Mukesh Kr.verma, Adv.
Mr. Neeraj Kr.sharma, Adv.
Ms. Indira Bhakar, Adv.
Mr. S. Nagamuthu, Sr. Adv.
Mr. S. Hariharan, Adv.
Ms. Jaikriti S. Jadeja, AOR
Ms. Bhavana Duhoon, Adv.
Mr. Shakul Ghatole, Adv.
Mr. Shreyans Raniwala, Adv.
Mr. Amaan Shreyas, Adv.
Mr. Jaideep Gupta,Sr.Adv.
Mr. D. Kumanan,Adv.
Mrs. Deepa S.,Adv.
6
Mr. Sheikh Fakhruddin Kalia,Adv.
Ms. Racheta Chawla,Adv.
Ms. Divya Singh,Adv.
Mr. Ashok Basoya, Adv.
Mr. Sandeep Kumar Jha, AOR
Mr. Arpit Prakash, Adv.
Mr. C.U. Singh,Sr.Adv.
Mr. Andrews C.M.,Adv.
Mr. Romy Chacko,Adv.
Mr. Dhruv Mehta, Sr. Adv.
Mr. Yashraj Singh Deora, Adv.
Mr. Priyesh Mohan Shrivastava, Adv.
Mr. Siddhant Singh, Adv.
Mr. Abhishek Singh, Adv.
M/S. Mitter & Mitter Co., AOR
Mr. Gopal Sankaranarayanan,Sr.Adv.
Ms. Pooja Dhar,Adv.
Ms. Trisha Chandran,Adv.
Mr. Pratul Pratap Singh,Adv.
Mr. Siddharth Bhatnagar,Sr.Adv.
Ms. Ila Shikhar Sheel,AOR
Mr. Karan Mathur,Adv.
Mr. Aditya Sidhra,Adv.
Mr. K. Radhakrishnan, Sr. Adv.
Dr. Joseph Aristotle S., AOR
Mr. Shobhit Dwivedi, Adv.
Mr. Ranjit Kumar,Sr.Adv.
Mr. Mohit Paul,Adv.
Mr. Raj Bahadur Yadav,Adv.
Mr. Rajat Arora,Adv.
Mr. P.K. Manohjar,Adv.
Mr. Dharmendra Kumar Sinha, AOR
Mr. Subodh Kr. Pathak, Adv.
Mr. Shashi Ranjan, Adv.
Mr. Vinod K Soni, Adv.
Mr. Pawan Kumar Sharma, Adv.
Mr. Akash Swami, Adv.
Mr. Gaurav Kumar Bansal, AOR
Ms. Srishti Agnihotri,Adv.
7
Petitioner-in-person
Dr. Abhishek Atrey, AOR
Mr. Krishnam Mishra, Adv.
Ms. Ambika Atrey, Adv.
Mr. Chinmoy Khaladkar, Adv.
Ms. Salonee Pranjape, Adv.
Mr. B.K. Pal, AOR
Mr. Nishant Ramakantrao Katneshwarkar, AOR
Ms. Ranjana Rohatgi,AOR
Mr. Prashant Bhusan, Adv.
Mr. Kunal Chatterji, AOR
Ms. Maitrayee Banerjee, Adv.
Mr. Rohit Bansal, Adv.
Ms. Kshitij Singh, Adv.
Mr. C.S. Ashri,AOR
Mr. Neeraj Shekhar, AOR
Mr. Animesh Kumar, Adv.
Mr. Sumit Kumar, Adv.
Mr. Harsh Parashar,AOR
Mr. Naveen Kumar,AOR
Mr. Kamlendra Mishra,Adv.
Mr. G.S. Makker,Adv.
Mr. V.N. Raghupathy,Adv.
Dr. Joseph Aristotle S.,Adv.
Mr. Nishe Rajan Shonker,Adv.
Ms. Usha Nandini V.,Adv.
Mr. V. K. Biju,Adv.
Ms. Ria Sachthey,Adv.
Mr. Chetanya Singh,Adv.
Dr. Ranjeet Bharti,Adv.
Mr. Deepak Prakash,Adv.
Ms. Vishnu Priya,Adv.
Ms. Divyangana Mallik,Adv.
Mr. Shuam Nair,Adv.
Mr. Yogesh Kannam,Adv.
8
Ms. Sangeeta Kumar,Adv.
Mr. R. Chandrachud,Adv.
Mr. Nikhil Nayyar,Adv.
Mr. R. Nedumaran,Adv.
Mr. K.K. Mani,Adv.
Mr. V. Ramasubramanian,Adv.
Mr. Pratap Venugopal, Adv.
Ms. Surekha Raman, Adv.
Mr. Akhil Abraham Roy, Adv.
Mr. Abhishek Anand, Adv.
M/S. K J John And Co, AOR
Ms. Srikala Gurukrishna Kumar,Adv.
Mr. Subramonium Prasad,Adv.
Mrs. Manik karanjawala,Adv.
Ms. Prabha Swami,Adv.
Mr. M.A. Chinnasamy,Adv.
Mr. S. Srinivasan,Adv.
Mr. E.M.S. Anam,Adv.
Mr. C.N. Sreekumar,Adv.
Mr. Naveen R. Nath,Adv.
Mrs. Ravathy Raghavan,Adv.
Mr. L.C. Agrawala,Adv.
Mr. Shiv Prakash Pandey,Adv.
Mr. P.K. Manohar,Adv.
M/s. Cyril Amarchand Mangvaldas,Adv.
Ms. Shalini Kaul,Adv.
Ms. Pragya Baghel,Adv.
Ms. Soumya Dutta,Adv.
Mr. Samrat Sengupta,Adv.
9
Mr. Parag Chatyurvedi,Adv.
Mr. Soumya Dutta,Adv.
Mr. Mohit D. Ram,Adv.
Mr. Nishant R. Katneshwarkar,Adv.
Mr. Kunal Cheema,Adv.
Mr. Kunal Chaterji,Adv.
M/s. Khaitan & Co.,
Mr. Naveen Kumar,Adv.
Mr. Tarun Johri, AOR
Mr. Chirag M. Shroff, AOR
Mr. Manan Verma, AOR
Mr. Prashant Kumar,Adv.
Mr. Shishir Deshpande,Adv.
Mr. Syed Jafar Alam,Adv.
Ms. Astha Sharma,Adv.
Mr. Naresh Kumar,Adv.
Mr. G.S. Makker,Adv.
Ms. Sabina Shahid,Adv.
Mr. M.K.S. Menon,Adv.
Ms. Usha Nandini V.,Adv.
Mr. Biju P. Raman,Adv.
Mr. Ravi Lamod,Adv.
Mr. Arun Kumar Jaiswal,Adv.
Mr. Sibo Shanker Mishra, AOR
UPON hearing the counsel the Court made the following
O R D E R
W.P.(C) NO.633/2022 & I.A. NO.108146/2022 (ITEM NO.1)
1. Report No.14 of 2023 of the CEC, prima facie, reveals that the 10 applicant has undertaken mining activities outside the boundary of the sanctioned area. The details are given in paragraph 15 of the Report. The report also states that large scale illegal mining has taken place outside the legal boundary and the lease is located adjacent to Jamwa Ramgarh Wildlife Sanctuary (JRWS).
2. The CEC has prayed for directions to the State of Rajasthan to fix the boundary of JRWS along the mining lease of the applicant and assess the extent of encroachment, if any, of the forest land.
3. We, therefore, direct the State of Rajasthan to:
(i) to fix the boundary of JRWS along the mining lease of the applicant.
(ii) to assess the extent of encroachment, if any, of the forest land by the applicant.
4. The same shall be done by the State of Rajasthan within a period of four weeks from today and file a report in this regard.
5. A copy of the report be supplied to the counsel for the applicant as well as to the learned Amicus Curiae. A copy of the report be forwarded to the CEC also.
6. The CEC shall submit its further report within a period of three weeks thereafter.
7. List after seven weeks.
I.A. NO.118236 & 129623/2020, 179389/2018, 69399/21, 144539/21 & 13413/23. (ITEM NO.2)
1. When the matter was listed on 16.01.2023, in view of the conflicting reports of two earlier committees, learned Solicitor General had made the following statement:-
“the Union of India is appointing a third Committee of experts which will address all the issues which have not been addressed by the earlier two committees. He further states that report is expected within four weeks from today.” 11
2. Accordingly, the additional affidavit dated 14.03.2023 on behalf of Respondent No.1/Ministry of Environment, Forest and Climate Change (MoEFCC) is tendered in the Court, which is taken on record, stating therein that vide Office Memorandum dated 31.01.2023, a Committee of following persons has been appointed:-
“i. Shri C. Achalender Reddy, Chairman, National Biodiversity Authority, Chennai- Chairman. ii. Dr. S. Jayakumar, Principal Andaman College, Chakkargaon, Port Blair, South Andaman – Member. iii. Prof. K. Sivakumar, Department of Ecology and Environmental Sciences, School of Life Sciences, Pondicherry University, R.V. Nagar, Kalapet, Puducherry – Member iv. Dr. L. Rasingam, Scientist E, BSI Deccan circle, Hyderabad – Member v. Dr. M. Shirish S, Principal Scientist, SACON, Anaikatty, Coimbatore- Member vi. Dr. Sajeev Chief Scientists, KFRI, Pecchi, Kerala – Member vii. Dr. R.P. Pandey, National Institute of Hydrology, Roorkee – Member viii. DIG/AIG from Ministry of Environment, Forest & Climate Change – Convener.”
3. A perusal of the Minutes of the First Meeting of the said High Level Technical Committee (HLTC) would reveal that after elaborate discussion, the Committee found that to come to a specific finding it will be necessary that a complete study of one season of Red Oil Palm (ROP) plantation along with incidental issues would be required. The Minutes would also show that this exercise would require a period of almost two years.
4. As such, we find that the request made by the MoEFCC for grant of 18 months to complete the study is reasonable.
5. We, therefore, grant 18 months period to the said Committee to 12 study the issue and submit its report.
6. Stand over to 18 months.
I.A. NO.90862 & 90864/2021 (ITEM NO.3)
1. Learned counsel for the applicant(s) states that he has received the counter affidavit yesterday only and seeks time to file rejoinder affidavit.
2. Four weeks’ time is granted for the same.
3. List on 19.04.2023.
C.P. (C) NO.319/2021, I.A. NO.186910/22 & 20650/23 (ITEM NO.4) List on 19.04.2023.
I.A. NO.2079/2007 ETC. (ITEM NO.5.) Adjourned.
I.A. NO.2930/10 ETC. (ITEM NO.6) List on 19.04.2023.
I.A. NO.26663/2023 (ITEM NO.7)
1. List on 19.04.2023.
2. Reply, if any, be filed by the State of Karnataka, in the meantime.
I.A. NO.21636/2023 & 21531/2023 (ITEM NO.8)
1. Application for impleadment is allowed.
2. Leave to implead State of Odisha and Union of India through Ministry of Environment, forest and Climate Change (MoEFCC) is granted. Necessary amendment be carried out forthwith.
3. Issue notice in I.A. No.21531/2023, returnable on 19.04.2023.
4. Mr. Sibo Shanker Mishra, learned counsel, appears and accepts 13 notice for the State of Odisha.
5. Ms. Suhasini Sen, learned counsel, appears and accepts notice for the Union of India on behalf of Mr. G.S. Makker, learned counsel.
6. Shri Mishra, learned counsel appearing on behalf of the State of Odisha submits that the present application is nothing else but an attempt to overcome the directions issued by this Court on 06.06.2022 in SLP(C) No.10237/2022 arising out of order dated 20.05.2022 in WPC No.4157/2016.
7. Learned counsel for the applicant(s) is directed to place on record the present status with regard to the said writ petition.
I.A. NO.191635/2022 (ITEM NO.9)
1. In pursuance of the orders dated 08.02.2022, Shri Balbir Singh, learned Additional Solicitor General of India, has handed over a note in the Court today, the same is taken on record. A perusal of the said note would reveal that the Committee, which has been appointed by this Court vide the said order has made substantial progress after its meeting on two occasions. It has identified the parameters which are necessary to be taken into consideration for identification of the land which has morphological features, similar to the notified ridge.
2. Since the said work involves various technical aspects, the Committee has also resolved, subject to the approval of this Court, the constitution of the Committee to do the technical background work. The scope of the reference to the said technical committee is also identified in paragraph 11 of the note.
3. A perusal of paragraph 12 of the note would reveal that a High-Powered Committee under the Chairmanship of Chief Secretary, Delhi will guide and monitor the demarcation process.
4. We appreciate the progress made by the MoEFCC in this regard.
5. We approve the Committee of technical experts which is proposed to be appointed by the Court appointed Committee.
6. List this matter after four months to monitor/know the further progress.
14 15I.A. NO.32471/2023 AND 43586/2023 in SLP(C) No.25047/2018 (ITEM 10)
1. The present application has been filed with the following prayer:-
“a. Directing the Delhi Forest Department, Govt. of NCT of Delhi to examine and grant necessary permissions in accordance with existing policy with regard to the application(s) preferred by the Implementing Agencies for removal of actual number of affected trees at the time of granting permission for immediate implementation of the project.”
2. We have heard Ms. Aishwarya Bhati, learned Solicitor General of India, Mr. Gopal Shankarnarayanan, learned senior counsel appearing for the original writ petitioner before the High Court, Mr. A.D.N. Rao, learned senior counsel and Mr. K. Parameshwar, learned counsel, who are assisting as Amicus Curiae in this matter.
3. Ms. Aishwarya Bhati, learned Solicitor General of India, submits that the present situation has arisen out of certain peculiar facts. She submits that when the order in the High Court was passed on 03.10.2018, the number of affected trees was specified to be 6997. She, however, submits that on account of certain intervening situations like Covid-19 etc., the number of trees, which ordinarily would not have been termed as tree, but only on account of a definition of ‘tree’, as defined in clause (i) in Section 2 of the Delhi Preservation of Trees Act, 1994 (for short, ‘the said Act’) are covered under the said definition.
4. She, therefore, submits that the number of trees has now increased to 15413.
5. We must place on record the vehemence with which Shri Gopal Sankaranarayanan, learned senior counsel, has argued the matter in order to protect the environment. He took us through various orders passed by the Delhi High Court in the writ petition to point out that even Delhi High Court has expressed its concern with 16 regard to haphazard growth of buildings in an unplanned manner.
6. He further submits that in the last five years the permission for felling trees have been granted by the Tree Officers without following the provisions of Section 9 of the said Act.
7. The prayer made in this application is innocuous. When an application is made for permission to fell/translocate the trees, the authority is bound to follow the provision of law including Section 9 of the said Act.
8. We find that the apprehension of Shri Gopal Sankaranarayanan that the Tree Officers would not take into consideration the provisions of law is ill-founded.
9. Every citizen including the officers of the Government are bound to follow the provisions of law.
10. We, therefore, allow the application in terms of prayer clause ‘a’ directing the Tree Officer to strictly take into consideration the provisions of law, while considering the applications for grant of such permission.
11. I.A. No.43586/2023 is also disposed of.
I.A. NOS.195467 & 195468/22 (ITEM NO.11), I.A. NOS.147102 & 131377/2022 ETC. (ITEM NO.12) List tomorrow i.e. on 16.03.2023, as part heard.
I.A. NO.31204 & 31206/2023 List tomorrow i.e. on 16.03.2023 CONTEMPT PET.(c) NO.193/2001 & I.A. NO.4/2006 ETC. (ITEM NO.13) List on 03.05.2023.
I.A. NO.107443/21, 161311 & 161312/21 & W.P.(C) NO.149/2023
1. Two weeks’ time, as prayed for, is granted to the learned counsel for the Government of National Capital Territory of Delhi.
2. List on 28.03.2023.
173. It is made clear that no further request for adjournment will be entertained at the instance of any of the parties on future dates.
I. A. No. 3949 OF 2016 As prayed by Mr. Ranjit Kumar, learned senior counsel appearing for the applicant(s), list this matter on 29.03.2023.
C.A. NOS.12234-35/2018 & CONT. PET. (C) NO.938/2021 List on 26.04.2023.
(NARENDRA PRASAD) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) Encl :
1. Additional affidavit dated 14.03.2023, on behalf of Respondent No.1/Ministry of Environment, Forest and Climate Change.
2. A copy of the note handed over by Shri Balbir Singh, learned Additional Solicitor General of India in I.A. No.191635/2022.
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