Supreme Court - Daily Orders
In Re : T.N. Godavarman Thirumulpad vs Union Of India And Ors on 24 July, 2024
Bench: B.R. Gavai, Prashant Kumar Mishra
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ITEM NO.12+13 COURT NO.3 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 APPLICATION FOR 24.07.2024 (THROUGH SUPPLEMENTARY
LIST) “ONLY” [1] I.A. NO. 98622 OF 2024 (CEC REPORT NO. 4 OF 2024-
Report Of The CEC On Violation of Orders Of The Hon’ble Supreme
Court in I.A. No. 191635 Of 2022 In W.P.(C)No. 202 of 1995) WITH
I.A. NO. 117204 OF 2024 (CEC REPORT NO. 5 OF 2024-Status Report in
Delhi Ridge) IN I.A. NO. 191635 OF 2022 (CEC REPORT NO. 31 OF 2022
- Report Of CEC in Appln. No. 1559/2022 Filed Before It By Ministry
Of Finance) IN RE : MINISTRY OF FINANCE IN RE : DELHI RIDGE AND [ 2
] I. A. NOS. 1408, 1457, 1462 OF 2005, 1787 OF 2007, 1863-1864 OF
2007, 3453 OF 2012 WITH I. A. NO. 178808 OF 2023 (Application For
Extension Of Time) AND I. A. NO. 192984 OF 2023 (Application
Seeking Permission To File Additional Documents ) AND I. A. NO.
212703 OF 2023 (Application For Directions In I.A. No. 1462/2005)
AND I. A. NO. 10936 OF 2024 (Application For Intervention In I.A.
No. 1462/2005) AND I. A. NO. 10949 OF 2024 (Application For
Directions In I.A. No. 1462/2005) IN RE : CARDAMOM CULTIVATION IN
KERALA AND [ 3 ] I. A. NOS. 79569 AND 79576 OF 2019 [Applications
For Intervention And Directions] WITH I. A. NOS. 159670 AND 159677
OF 2019 [Application For Exemption From Filing Official
Translation] WITH I. A. D. NOS. 14261 AND 14262 OF 2021
[Applications For Urgent Listing Of I.A. Nos. 79569 And 79576/2019
And Exemption From Filing Duly Attested Affidavit] AND I. A. NOS.
40599 AND 40624 OF 2023 [Applications For Intervention And
Modification Of Court’s Order Dated 12.05.2022] AND I. A. NO.
220675 OF 2023 [Application For Direction In I.A. No. 79576/2019]
IN RE : SHRAMIK RICKSHAW CHALAK-MALAK SEVASANSTHA AND [ 4 ] I.A.
NOS. 36847 & 36852 OF 2024 [Applications For Impleadment As Co-
Petitioner And Directions Filed By Mr. Gaurav Kumar Bansal ] IN
RE : MR. GAURAV KUMAR BANSAL (APPLICANT-IN-PERSON) AND [ 5 ] I.A.
NOS. 66542, 66546, 66548 OF 2024 [Applications For Impleadment As
Party Respondents , Directions And Stay Filed By Ms. Rani Mishra,
Advocate ] IN RE : VANRAMCHHUANGI & ORS. AND [ 6 ] I.A. NOS. 99457
AND 99462 OF 2024 [Application For Intervention And Clarification]
Signature Not Verified
IN RE : SUMITRA NEGI AND ORS. AND [ 7 ] I.A. NO. 263809 /2023
Digitally signed by
Deepak Singh
Date: 2024.07.25
[APPLICATIONS FOR INTERVENTION] WITH I.A. NOS. 263810, 263811 AND
17:32:25 IST
Reason:
263812/2023 [APPLICATIONS SEEKING PERMISSION TO FILE APPLICATION
FOR DIRECTIONS, DIRECTIONS AND EXEMPTION FROM FILING O.T.] AND I.A.
NO. 92980/2024 [APPLICATIONS FOR PLACING ON RECORD ADDITIONAL
DOCUMENTS IN I.A. NO. 263809/2023 FILED BY DR. SURENDER SINGH
2
HOODA, ADVOCATE FOR THE APPLICANT] AND I.A. NO. 141598/2024
[APPLICATIONS FOR PLACING ON RECORD ADDITIONAL DOCUMENTS IN I.A.
NO. 263809/2023 FILED BY MR. DINESH C. PANDEY, ADVOCATE FOR THE
APPLICANT NO. 2] IN RE : ANUJ KAUSHAN & ANR. IN RE : SUKHNA LAKE
AND [ 8] I.A. NO. 5891 OF 2019 [Application For Directions] IN
RE :COMPENSATORY AFFORESTATION MANAGEMENT AND PLANNING AUTHORITY
(CAMPA) FUNDS ALONGWITH IN RE: STATUS OF FUNDS AND [ 9 ] I.A.NO.
42944 OF 2019 [Application For Directions] IN RE :
ILLEGAL/UNAUTHORIZED MINING IN KAZIRANGA NATIONAL PARK, ASSAM WITH
I.A. NOS. 146755 AND 146756 OF 2021 [Applications For Intervention
And Stay] AND I.A. NOS. 158973, 158975 AND 159054 OF 2021
[Applications For Intervention, Exemption From Filing O.T. And
Stay] AND I.A.NOS. 28731, 28732 AND 28905 OF 2022 [Applications For
Intervention, Exemption From Filing O.T. And Modification Of
Court’s Order Dated 12.04.2019] AND I.A. NOS. 41069 AND 41070 OF
2022 [Applications For Intervention And Exemption From Filing O.T.]
AND I.A. NO. 51917/2022 [Applications For Interim Stay Of
Demolition In The Animal Corridors In Kaziranga National Park
During The Pendency Of The Application Directions – I.A. No.
42944/2022] IN RE : BHAB BARGOHAI & ORS. AND [ 10 ] I.A. NO. 108587
OF 2024 [Applications For Impleadment Filed By Mr. Sudarsh Menon,
Advocate] WITH INTERLOCUTORY APPLICATION NO. 108243 OF 2024
[Applications For Directions Filed By Mr. Sudarsh Menon, Advocate]
IN RE : KANAK FOUNDATION AND [ 11 ] I.A. NO. 58031 OF 2024
[Application For Intervention In W.P.(C)No. 202/1995 Filed By Ms.
Parul Gupta, Advocate] AND I.A. NO. 58032 OF 2024 [Application For
Directions In W.P.(C)No. 202/1995 Filed By Ms. Parul Gupta,
Advocate] AND I.A. NO. 156701 OF 2024 [Application For Impleadment
filed by Mr. Shrey Kapoor, Advocate] AND I.A. NO. 156707 & 156710
OF 2024 [Application For Directions and Exemption from filing O.T.
filed by Mr. Shrey Kapoor, Advocate] IN RE : PAVAN SINGHAND AND
[ 11 (a) ] CIVIL APPEAL DIARY NO. 12516 OF 2019 AND [ 12 ] SPECIAL
LEAVE PETITION(C) No. 25047 OF 2018 AND [ 13 ] [i] I.A. NO. 19010
OF 2019 [Application For Directions] WITH [ii] I.A. NO. 75982 OF
2019 [Application For Exemption From Filing O.T] WITH [iii] I.A.
NO. 86706 OF 2019 [Application For Directions] WITH [iv] I.A. NO.
90640 OF 2019 [Application For Permission To File Additional
Documents] WITH [v] I.A. NO. 122128 AND 122130 OF 2019 [Application
For Extension Of Time And Exemption From Filing O.T.] Filed By Mr.
Nishant R. Katneshwarkar, Advocate WITH [vi] I.A. NO. 129260 AND
129264 OF 2019 [Application For Impleadment And Directions Filed By
Mr. Ravindra Keshavrao Adsure, Advocate] AND [vii] I.A. NO. 129279
OF 2019 [Application For Directions Filed By Mr. Gopal Balwant
Sathe, Advocate AND [viii] I.A. NOS. 150901 AND 150915 OF 2019
(Applications For Intervention And Directions Filed By Ms. Mayuri
Raghuvanshi, Advocate) IN RE : CONSERVATION ACTION TRUST,
MAHARASHTRA AND [ 14 ] SUO-MOTU WRIT PETITION (C) NO. 1 OF 2023 IN
RE : SARISKA TIGER RESERVE AND [ 15 ] I. A. NOS. 153500 & 153501 OF
2024 [Applications For Directions and Exemption from filing O.T.
filed by Ms. Shibani Ghosh, Advocate] WITH I. A. NO. 153501 OF 2024
[Applications For Intervention filed by Ms. Shibani Ghosh,
Advocate] IN RE : DR. DAYA SHANKAR SRIVASTAVA IN WRIT PETITION
(CIVIL) NO. 202/1995 “ONLY” ARE LISTED IN W.P.(C) No. 202/1995
3
“ONLY” ON 24.07.2024 AND THE NAMES OF “ONLY” THE FOLLOWING
ADVOCATES MAY BE TREATED TO HAVE BEEN SHOWN AGAINST THESE I.As. MR.
HARISH N. SALVE, SR. ADV. [A.C.], MR. A.D.N. RAO, SR. ADVOCATE
[A.C.], MS. APARAJITA SINGH, SR. ADVOCATE [A.C.], MR. SIDDHARTHA
CHOWDHURY, ADVOCATE [A.C.] MR. K. PARAMESHWAR, ADVOCATE [A.C.] MR.
K. PARAMESHWAR, ADVOCATE [A.C.] MR. G.S. MAKKER FOR S.NO. [ 1 ] MR.
K. PARAMESHWAR (A.C.) FOR S.NO. [ 2 ] MR. K. R. SASIPRABHU, MR.
HIMINDER LAL, MR. M. K. MICHAEL, MS. USHA NANDINI V., MR. G.
PRAKASH (FOR STATE OF KERALA), MR. NISHE RAJEN SHONKER FOR S.NO.
[ 3 ] MR. RAO RANJIT, MR. MILIND KUMAR (STATE OF RAJASTHAN) FOR
S.NO. [ 4 ] MR. GAURAV KUMAR BANSAL (APPLICANT-IN-PERSON) FOR S.NO.
[ 5 ] MS. RANI MISHRA, ADVOCATE FOR S. NO. [ 6 ] MR. K. PARAMESHWAR
(A.C.) MS. SHALINI KAUL FOR S. NO. [ 7 ] Mr. K. Parameshwar (A.C.)
Mr. Dinesh C. Pandey Dr. Surender Singh Hooda FOR S. NO. [ 8 ] MR.
K. PARAMESHWAR (A.C.) FOR S. NO. [ 10 ] MR. K. PARAMESHWAR (A.C.)
MR. SHUVODEEP ROY (FOR STATE OF ASSAM), MR. KAUSHIK CHOUDHURY (FOR
KAAC) MR. SUNIL KR. SHARMA (INTERVENOR), MR. RAJNISH KUMAR JHA
(INTERVENOR) FOR S. NO. [ 9 ] MR. K. PARAMESHWAR (A.C.) MR. SUDARSH
MENON FOR S. NO. [ 11 ] MR. K. PARAMESHWAR (A.C.) MS. PARUL SHUKLA
MR. MILIND KUMAR Mr. Shrey Kapoor FOR S. NO. [ 11 (a) ] MR. SHYAM
D. NANDAN FOR S. NO. [ 12 ] MR. KUNAL CHATTERJI, MS. ASTHA SHARMA,
MR. NARESH KUMAR, MR. G.S. MAKKER, MR. ANANDO MUKHERJEE, MS. POOJA
DHAR, MR. S.N. TERDAL, MR. MOHIT D. RAM FOR S. NO. [ 13 ] MR. K.
PARAMESHWAR (A.C.) MS.VANSHAJA SHUKLA MR. NISHANT R. KATNESHWARKAR,
MR. GOPAL BALWANT SATHE, MR. RAVINDRA KESHAVRAO ADSURE, MS. MAYURI
RAGHUVANSHI, MS. MRIDULA RAY BHARDWAJ FOR S.NO. [ 13 ] MR. K.
PARAMESHWAR (A.C.) FOR S.NO. [ 14] MR. K. PARAMESHWAR (A.C.) FOR
S.NO. [ 15] MR. K. PARAMESHWAR (A.C.), MS. SHIBANI GHOSH )
WITH
SLP(C) No. 25047/2018 (XVI)
([TO BE TAKEN UP ALONG WITH W.P.(C) No. 202/1995].)
Diary No(s). 12516/2019 (XVII)
SMW(C) No. 1/2023
Date : 24-07-2024 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
HON'BLE MR. JUSTICE K.V. VISWANATHAN
Mr. K. Parameshwar, leaned A.C.
Mr. M.V. Mukunda, Adv.
Ms. Kanti, Adv.
Ms. Raji Gururaj, Adv.
Mr. Shreenivas Patil, Adv.
Ms. Chitransha Singh Sikarwar, Adv.
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For parties:
Mr. Vikas Singh, Sr. Adv.
Ms. Manika Tripathy, AOR
Mr. Ashutosh Kaushik, Adv.
Mr. Rony John, Adv.
Mr. V. Giri, Sr. Adv.
Mr. Roy Abrahahm, Adv.
Ms. Reena Roy, Adv.
Mr. Akhil Abraham, Roy, Adv.
Mr. Yaudhinder Lal, Adv.
Mr. Himinder Lal, Adv.
Mr. Atmaram N S Nadkarni, Sr. Adv.
Mr. Shrey Kapoor, AOR
Mr. Ss Rebello, Adv.
Mr. Deepti Arya, Adv.
Ms. Arzu Paul, Adv.
Ms. Manisha Gupta, Adv.
Ms. Himanshi Nagpal, Adv.
Mr. Rishikesh Haridas, Adv.
Mr. Yanthanshan, Adv.
Mr. Gurminder Singh Ag Punjab, Sr. Adv.
Mr. Karan Sharma, AOR
Mr. Biswajit Deb, Sr. Adv.
Mr. Anando Mukherjee, AOR
Mr. Shwetank Singh, Adv.
Mr. P.V. Dinesh, Sr. Adv.
Mr. Nishe Rajen Shonker, AOR
Ms. Anu K Joy, Adv.
Mr. Alim Anvar, Adv.
Ms. Anna Oommen, Adv.
Ms. Urvashi Chauhan, Adv.
Mr. Gopal Sankaranarayan, Sr. Adv.
Ms. Nina Nariman, Adv.
Ms. Geeta Luthra, Sr. Adv.
Mr. Abhinav Mishra, Adv.
Ms. Nivedita Chauhan, Adv.
Ms. Jagiriti Dosi, Adv.
Ms. Komal Singh, Adv.
Mr. Adarsh Kothari, Adv.
Ms. Archisha Singh, Adv.
Mr. Anshul Aggarwal, Adv.
Mr. Saurabh Rajpal, AOR
Mrs. Aishwrya Bhati, A.S.G.
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Mr. Archana Pathak Dave, Sr. Adv.
Mr. Raj Bahadur Yadav, AOR
Mrs. Ruchi Kohli, Adv.
Mr. Uday Prakash Yadav, Adv.
Mr. Suhasini Sen, Adv.
Mr. S S Rebello, Adv.
Mr. Shyam Gopal, Adv.
Mr. Raghav Sharma, Adv.
Mr. Sughosh Subramanium, Adv.
Ms. Aishwarya Bhati, A.S.G.
Mr. Gurmeet Singh Makker, AOR
Ms. Archana Pathak Dave, Adv.
Ms. Suhashini Sen, Adv.
Mr. S. S. Rebello, Adv.
Mr. Shyam Gopal, Adv.
Mr. Raghav Sharma, Adv.
Mr. Sughosh Subramanyam, Adv.
Ms. Ruchi Kohli, Adv.
Ms. M. Rein, Adv.
Ms. S. Rein, Adv.
Mr. Aldenish Rein, Adv.
Ms. Monika Gusain, AOR
Mr. Hari Om Yaduvanshi, Adv.
Ms. S. Harini, Adv.
Mr. Arjun Yaduvanshi, Adv.
Mr. Gaichangpou Gangmei, AOR
Mr. Raj Kishor Choudhary, AOR
Mr. Prashant Bhusan, Adv.
Mr. Kunal Chatterji, AOR
Ms. Maitrayee Banerjee, Adv.
Mr. Rohit Bansal, Adv.
Mr. Shyam D. Nandan, AOR
Mr. Chanchal Kumar Ganguli, AOR
M/S. Plr Chambers And Co., AOR
Mr. Syed Mehdi Imam, AOR
Mr. T. Harish Kumar, AOR
M/S. Mitter & Mitter Co., AOR
M/S. Lawyer S Knit & Co, AOR
Ms. Sugandha Anand , AOR
Ms. Seita Vaidyalingam, AOR
Mr. Nalin Kohli, Sr. A.A.G.
Mr. Shuvodeep Roy, AOR
Mr. Saurabh Tripathi, Adv.
Mr. Anshul Malik, Adv.
6
Mr. Ayuushman Arora, Adv.
Ms. Sanju Jakob, Adv.
Ms. Tessy Varghese, Adv.
Ms. Shine Varghese, Adv.
Ms. Jins Mathew, Adv.
Mr. Desam Sudhakara Reddy, Adv.
Ms. Divya, Adv.
Ms. Pratibha Jain, AOR
Mr. Rajeev Singh, AOR
Mr. Prashant Kumar, AOR
Mr. Dharmendra Kumar Sinha, AOR
Mrs. Priti Rastogi, Adv.
Mrs. Priya Rashmi, Adv.
Ms. Sujata Kurdukar, AOR
Mr. Shreyas Awasthi, Adv.
Ms. Astha Sharma, AOR
Ms. Muskan Surana, Adv.
Ms. Lihzu Shiney Konyak, Adv.
Ms. Sharmila Upadhyay, AOR
Mr. Kamal Mohan Gupta, AOR
Mr. Sudarsh Menon, AOR
Mr. Samarendra Beura, Adv.
Mr. Rajesh Rathod, Adv.
Mr. Ramesh Babu M. R., AOR
Mr. Vikrant Singh Bais, AOR
Mr. Shiva Pujan Singh, AOR
Mr. M. C. Dhingra, AOR
Mr. Gaurav Dhingra, Adv.
Mr. Shashank Singh, Adv.
Mr. Piyush Kant Roy, Adv.
Mr. Deepak Rana, Adv.
Mr. Surendra Gautam, Adv.
Mr. Raghvendra Shuklaa, Adv.
Mr. Ejaz Maqbool, AOR
Mr. Rajesh, AOR
M/S. Corporate Law Group, AOR
Mr. Lakshmi Raman Singh, AOR
Mrs. B. Sunita Rao, AOR
Mr. Bhavanishankar V.gadnis, Adv.
Mr. A. Venayagam Balan, AOR
Mr. Vishwanath Gadnis, Adv.
7
Mr. Gaurav Pal, Adv.
Mr. C. L. Sahu, AOR
Ms. Sumita Hazarika, AOR
Ms. Abha R. Sharma, AOR
Mr. Abhishek Chaudhary, AOR
Mr. Rajesh Singh, AOR
Mrs. Manik Karanjawala, AOR
Mr. Rajiv Mehta, AOR
Mr. T. V. George, AOR
Mr. Krishnanand Pandeya, AOR
Mr. Neeraj Shekhar, AOR
Ms. Asha Gopalan Nair, AOR
Mr. Himanshu Shekhar, AOR
Mr. Parth Shekhar, Adv.
Mr. Shubham Singh, Adv.
Mr. Ambali Vedasen, Adv.
Ms. Rachna Ranjan, Adv.
Mr. Sudip Patra, Adv.
Mr. Vishal Prasad, Adv.
Mr. Atul Arvind, Adv.
Ms. Kamlika Samadder, Adv.
Ms. Monica Haseja, Adv.
Mr. Md Sontu Mia, Adv.
Mr. Rajat Sinha Roy, Adv.
Mr. Gyanesh Kumar Maheshwari, Adv.
Mr. Rajat Mishra, Adv.
Mr. Arvind Kumar Tomar, Adv.
Mr. Moni Tomar, Adv.
Mr. Mukesh Kumar Verma, Adv.
Mr. Nikhil Kumar, Adv.
Mr. Mata Prasad Pathak, Adv.
Ms. Charu Mathur, AOR
Mr. T. N. Singh, AOR
Mr. Punit Dutt Tyagi, AOR
Mr. Rathin Das, AOR
Mr. Ratan Kumar Choudhuri, AOR
Mr. Sudhir Kulshreshtha, AOR
Mr. E. M. S. Anam, AOR
Ms. K. V. Bharathi Upadhyaya, AOR
Mr. Gopal Singh, AOR
Mr. Sudhir Kumar Gupta, AOR
Mr. A. N. Arora, AOR
Mr. Irshad Ahmad, AOR
Mr. G. Prakash, AOR
Ms. Binu Tamta, AOR
Mr. B V Deepak, AOR
Mr. Mohd. Irshad Hanif, AOR
Ms. Rifat Ara Butt, Adv.
8
Ms. Rahella Khan, Adv.
Mr. P. V. Yogeswaran, AOR
Mr. Jitendra Mohan Sharma, AOR
Ms. Malini Poduval, AOR
Ms. C. K. Sucharita, AOR
Mrs. Anjani Aiyagari, AOR
Mrs. Rekha Pandey, AOR
Mr. Raghav Pandey, Adv.
Ms. Gauri Pandey, Adv.
Ms. Sharmistha Choudhary, Adv.
Mr. Pradeep Kumar Bakshi, AOR
Mr. K. L. Janjani, AOR
Mr. Naresh K. Sharma, AOR
Ms. A. Sumathi, AOR
Mr. Jai Prakash Pandey, AOR
Mr. Ajit Pudussery, AOR
Ms. Hemantika Wahi, AOR
Ms. Sushma Suri, AOR
Mrs. Rani Chhabra, AOR
Ms. Divya Roy, AOR
Mr. Tarun Johri, AOR
Mr. Radha Shyam Jena, AOR
Mr. Ram Swarup Sharma, AOR
Mrs. Bina Gupta, AOR
M/S. Parekh & Co., AOR
M/S. K J John And Co, AOR
Mr. V. Balachandran, AOR
Mr. S. C. Birla, AOR
Mr. P. R. Ramasesh, AOR
Mr. Shibashish Misra, AOR
Mr. Umesh Bhagwat, AOR
Mrs. M. Qamaruddin, AOR
Mr. H. S. Parihar, AOR
Ms. Baby Krishnan, AOR
Ms. Bina Madhavan, AOR
Mr. K. V. Vijayakumar, AOR
Mr. P. N. Gupta, AOR
Mr. Sarad Kumar Singhania, AOR
Mr. E. C. Agrawala, AOR
Mr. Kuldip Singh, AOR
Mr. Ranjan Mukherjee, AOR
Mr. Ashok Mathur, AOR
Mr. Rajat Joseph, AOR
Mr. Gopal Prasad, AOR
Ms. Jyoti Mendiratta, AOR
Mr. S.. Udaya Kumar Sagar, AOR
Ms. Madhu Moolchandani, AOR
Mr. T. Mahipal, AOR
Ms. S. Janani, AOR
M/S. Arputham Aruna And Co, AOR
9
Mrs. Nandini Gore, AOR
Mr. Raj Kumar Mehta, AOR
M/S. M. V. Kini & Associates, AOR
Mr. Rakesh K. Sharma, AOR
Mr. Tejaswi Kumar Pradhan, AOR
Mrs. Kanchan Kaur Dhodi, AOR
Mr. Surya Kant, AOR
Mr. E. C. Vidya Sagar, AOR
Mr. Amit Anand Tiwari, AOR
Mr. M. Yogesh Kanna, AOR
Mr. Naresh Kumar, AOR
Mr. Naveen Kumar, AOR
Mr. James P. Thomas, AOR
Mr. Sunil Kumar Sharma, AOR
Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.
Mr. Krishna Ballabh Thakur, AOR
Mr. Shrikant Kumar, Adv.
Ms. Rashmi Kumari, Adv.
Ms. Prity Kumari, Adv.
Mr. S. Niranjan Reddy, Sr. Adv.
Ms. Aruna Gupta, AOR
Mr. Ramesh Allanki, Adv.
Mr. Syed Ahmad Naqvi, Adv.
Ms. Palak Arora, Adv.
Mr. B. K. Pal, AOR
Ms. Shalini Kaul, AOR
Mr. Nishit Agrawal, AOR
Mr. Romy Chacko, AOR
Mr. Sravan Kumar Karanam, AOR
Ms. Shireesh Tyagi, Adv.
Ms. Tayade Pranali Govardhan, Adv.
Mr. Aniket Singh, Adv.
Ms. Jayashree Pk, Adv.
Mr. Rudroji Rakesh Kumar, Adv.
Mr. Shubhranshu Padhi, AOR
Ms. Archana Pathak Dave, Sr. Adv.
Ms. Deepanwita Priyanka, AOR
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Mr. Raghvendra Kumar, AOR
Mr. Anand Kumar Dubey, Adv.
Mr. Devvrat Singh, Adv.
Mr. Anup Kumar Srivastava, Adv.
Mr. Dinesh Chandra Pandey, AOR
Mr. Dushyant Dahiya, Adv.
Mrs. Pragya Baghel, AOR
Mr. Sarvam Ritam Khare, AOR
Mr. K. M. Nataraj, A.S.G.
Mr. Mrinal Elkar Mazumdar, Adv.
Mr. Mukesh Kumar Verma, Adv.
Mr. Neeraj Kumar Sharma, Adv.
Indira Bhakar, Adv.
Mr. Harish Pandey, Adv.
Mr. Shashwat Parihar, Adv.
Mr. Vinayak Sharma, Adv.
Mr. Anuj Srinivas Udupa, Adv.
Mr. Piyush Beriwal, Adv.
Mr. Shreekant Neelappa Terdal, AOR
Ms. Sunieta Ojha, AOR
Mr. Anirudh Sanganeria, AOR
Mr. Chinmay Deshpande, Adv.
Mr. Subhasish Mohanty, AOR
Mr. Gopal Balwant Sathe, AOR
Mr. Aravindh S., AOR
Mr. Akshay Gupta, Adv.
Ms. Ekta Muyal, Adv.
Mrs. Kirti Renu Mishra, AOR
Mrs. Apurva Upmanyu, Adv.
Mr. Atul Sharma, AOR
Mr. Renjith B. Marar, Adv.
Ms. Lakshmi N. Kaimal, AOR
Mr. Rajkumar Pavothil, Adv.
Mr. Arun Poomulli, Adv.
Mr. Keshavraj Nair, Adv.
Mr. Avinash Krishnakumar, Adv.
Mr. Harsh Vardhan Shah Shyam, Adv.
Ms. Nidhi Jaswal, AOR
11
Mr. Kaushik Choudhury, AOR
Mr. Saksham Garg, Adv.
Mr. Jyotirmoy Chatterjee, Adv.
Ms. Mrinal Gopal Elker, AOR
Ms. Chhavi Khandelwal, Adv.
Mr. Dhaval Mehrotra, AOR
Mr. Ravindra Kumar, Sr. Adv.
Mr. Binay Kumar Das, AOR
Ms. Priyanka Das, Adv.
Ms. Neha Das, Adv.
Mr. Shivam Saxena, Adv.
Mr. Sanjay Kumar Singh, Adv.
Mr. Chandra Bhushan Prasad, AOR
Mr. Abhishek Atrey, AOR
Ms. Vidyottma Jha, Adv.
Mr. V. N. Raghupathy, AOR
M/S. D.s.k. Legal, AOR
Ms. Shibani Ghosh, AOR
Mr. Rishad A Chowdhury, Adv.
Ms. Anitha Shenoy, Sr. Adv.
Ms. Shomona Khanna, Adv.
Ms. Rashmi Nandakumar, AOR
Ms. Ayushma Awasthi, Adv.
Ms. Yashmita Pandey, Adv.
Mr. Unmek Padmabhushan, Adv.
Ms. Saroj Tripathi, AOR
Mr. Naveen Kumar, AOR
Mr. Shiv Mangal Sharma, A.A.G.
Ms. Nidhi Jaswal, Adv.
Ms. Shalini Singh, Adv.
Mr. Saurabh Rajpal, Adv.
Mr. Sandeep Kumar Jha, AOR
Mr. Shiv Mangal Sharma, A.A.G.
Mr. Milind Kumar, AOR
Mr. Mohit Paul, AOR
Mr. Mukesh Kumar Maroria, AOR
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Dr. Surender Singh Hooda, AOR
M/S. Cyril Amarchand Mangaldas Aor, AOR
Mr. M. R. Shamshad, AOR
Mr. Amrish Kumar, AOR
Ms. Purnima Krishna, AOR
Mr. M.f. Philip, Adv.
Mr. Karamveer Singh Yadav, Adv.
Mr. T. R. B. Sivakumar, AOR
Mr. Sujit Kumar Mishra , AOR
Ms. Adarsh Nain, AOR
Mr. Guntur Pramod Kumar, AOR
Mr. Prerna Singh, Adv.
Mr. Keshav Singh, Adv.
Ms. Anzu. K. Varkey, AOR
Mr. Shreyas Awasthi, Adv.
Ms. Astha Sharma, AOR
Ms. Muskan Surana, Adv.
Ms. Lihzu Shiney Konyak, Adv.
Mr. Ajay Marwah, AOR
Mr. Ravindra S. Garia, AOR
Mr. Sunil Singh, Adv.
Mr. R B Singh, Adv.
Mr. Shashank Singh, Adv.
Ms. Garima Prashad, Sr. A.A.G.
Mr. Sudeep Kumar, AOR
Mr. Gaurav Kumar Bansal, Adv.
Mr. Vishnu Gupta, Adv.
Ms. Nandita Bansal, Adv.
Ms. Rani Mishra, AOR
Mr. Nishanth Patil, AOR
M/S. Venkat Palwai Law Associates, AOR
Mr. Sanjay Upadhyay, Sr. Adv.
Ms. Mayuri Raghuvanshi, AOR
Mr. Vyom Raghuvanshi, Adv.
Mr. Shubham Upadhyay, Adv.
Ms. Akanksha Rathore, Adv.
Mr. Vivek Jain, AOR
Mr. Parth Awasthi, Adv.
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Mr. Pashupathi Nath Razdan, AOR
Ms. Maitreyee Jagat Joshi,, Adv.
Mr. Astik Gupta, Adv.
Mr. Tarun Gupta, AOR
Ms. Vanshaja Shukla, AOR
Ms. Ankeeta Appanna, Adv.
Mr. Siddhant Yadav, Adv.
Mr. Chirag M. Shroff, AOR
Ms. Ruchira Goel, AOR
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
Ms. Preet S. Phanse, Adv.
Mr. Adarsh Dubey, Adv.
Ms. Yamini Singh, Adv.
Mr. Mayank Aggarwal, AOR
Mr. Sanjeev Kumar, AOR
Mr. Rajeev Kumar Dubey, Adv.
Mr. Ashiwan Mishra, Adv.
Mr. Kamlendra Mishra, AOR
Mr. Somesh Chandra Jha, AOR
Mr. Siddhartha Jha, AOR
Mr. Puneet Bhola, Adv.
Mr. Harpreet Singh, Adv.
Mr. Mool Chnd Parewa, Adv.
M/S. V. Maheshwari & Co., AOR
Mr. Rajeev Singh, AOR
Ms. Parul Shukla, AOR
Ms. Shubhangi Pandey, Adv.
Mr. Saday Mondol, Adv.
Ms. Pooja Dhar, AOR
Mr. P. C Sen, Sr. Adv.
Mr. Shivanshu Singh, Adv.
Mr. P. S. Sudheer, AOR
Mr. Rishi Maheshwari, Adv.
Ms. Anne Mathew, Adv.
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Mr. Bharat Sood, Adv.
Mr. Paul P. Abraham, Adv.
Ms. Miranda Solaman, Adv.
Ms. Rukmani Bobde, Adv.
Ms. Nivedita Sudheer, Adv.
Mr. Sunny Choudhary, AOR
Mr. Ajay Sharma, Adv.
Mr. Vinod Sharma, AOR
Ms. Surbhi Mehta, AOR
Mr. Rajiv Kumar Choudhry , AOR
Mr. Anurag Tandon, AOR
Mr. K. M. Nataraj, A.S.G.
Mr. Mrinal Elkar Mazumdar, Adv.
Mr. Mukesh Kumar Verma, Adv.
Mr. Neeraj Kumar Sharma, Adv.
Ms. Indira Bhakar, Adv.
Mr. Harish Pandey, Adv.
Mr. Shashwat Parihar, Adv.
Mr. Vinayak Sharma, Adv.
Mr. Anuj Srinivas Udupa, Adv.
Mr. Piyush Beriwal, Adv.
Mr. Shreekant Neelappa Terdal, AOR
Dr. Monika Gusain, AOR
Mr. P. K. Manohar, AOR
Mr. S. Gowthaman, AOR
Mr. A. Karthik, AOR
Mr. Siddharth Sharma, AOR
Mr. Mohit D. Ram, AOR
Ms. Abhimanyu Tewari, AOR
Ms. Eliza Bar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
I.A. No. 98622 OF 2024 (CEC REPORT NO. 4 OF 2024)
1. This court, in the present proceedings, has been monitoring the issue with regard to grant of permission to allot plots in the larger public interest in the area which is not yet notified as a protected area in the Delhi Ridge.
2. The Bench presided over by one of us (B.R.Gavai, J.) had 15 passed an order on 08th February, 2023 directing the Delhi Development Authority (DDA) not to allot the plots in the areas that were not yet been notified as protected areas. It appears that in violation of the orders passed by this Court, the DDA had allotted the land for expansion of the road and also permitted felling of the trees on the said land. Finding that the action was contemptuous in nature, we passed the following order on 24.04.2024:
“1. Prima facie, we find that the action of the Delhi Development Authority in felling the trees and constructing the road is in contempt of the orders passed by this Court dated 8th February, 2023 in W.P.(C) No. 202 of 1995 and so also the order dated 4th March, 2024 in W.P.(C) No. 4677 of 1985.
2. Issue notice to the Vice-Chairman, Delhi Development Authority, Vikas Sadan, INA, New Delhi-110002 returnable on 08th May, 2024, calling upon to show cause as to why an action 16 for committing the contempt of the orders passed by this Court dated 8th February, 2023 in W.P.(C) No. 202 of 1995 and 4th March, 2024 in W.P.(C) No. 4677 of 1985 not be taken against him.
3. The Registrar (Judl.) shall ensure that the notice be served upon the Vice Chairman, Delhi Development Authority.”
3. It appears that in the parallel proceedings in W.P.(C) No. 4677 of 1985, the DDA had moved an application before the Bench presided over by Hon’ble Mr. Justice Abhay S. Oka for seeking permission to fell the trees on the said land. The application filed by the DDA was rejected on 04th March, 2024.
4. The Bench presided over by Hon’ble Mr. Justice Abhay S. Oka also initiated contempt proceedings vide order dated 09th May, 2024.
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5. As such, a situation has arisen wherein for the same cause of action, two contempt proceedings are pending. One on the basis of the notice issued, on 24th April, 2024 by the Bench presided over by one of us (B.R. Gavai, J.), and the other on the basis of the order dated 09th May, 2024, which was passed by the Bench presided over by Hon’ble Mr. Justice Abhay S. Oka.
6. Mr. K. Parameshwar, learned Amicus Curiae, informs us that the contempt proceedings initiated by the Bench presided over by Hon’ble Mr. Justice Abhay S. Oka have substantially traveled and various orders have been passed by the said Bench.
7. We are of the considered view that the continuation of two contempt proceedings for the same cause of action would not be in consonance with the judicial propriety and interest of justice. We, therefore, direct that the contempt proceedings initiated by the Bench presided over by one of us (B.R.Gavai, J.), vide order dated 24th April, 2024, are kept in abeyance.
8. Mr. Vikas Singh, learned senior counsel appearing for the DDA, on instructions, states that the Central Armed Police Forces Institute of Medical Sciences (for short ‘CAPFIMC”) has been established on a piece of land which was allotted as per the order(s) passed by this Court. The CAPFIMC has been established to provide medical facilities to the employees of paramilitary forces at par with the facilities provided to the Armed Forces. He submits that an amount of Rs.2200 crores has 17 already been spent on the said project. It is further submitted that the area also has various residential colonies for the employes of CBI, paramilitary forces, and the SAARC University which have been again established on the land after the permission was granted by this Court/CEC. He submits that on account of non-availability of 24 meter road, there is almost a bottleneck for the entire area. He further submits that there is also a proposal to establish medical college at CAPFIMC. However, on account of non-availibility of the road, the CAPFIMC cannot be made functional. He, therefore, requested this Bench to permit an access to the CAPFIMC in the larger public interest.
9. We find that various proceedings pertaining to Delhi Ridge area are pending before two Benches of this Court.
10. We are of the considered view that, in order to avoid the possibility of conflicting order(s) being passed by two different Benches, it will be appropriate that all the matters pertaining to the Delhi Ridge Area are heard by one Bench.
11. The Registrar(Judl.) is, therefore, directed to place the matter before Hon’ble the Chief Justice of India seeking appropriate order.
IA No. 191635 of 2022
1. Vide order dated 08th February, 2023, the Ministry of Environment, Forest and Climate Change (MoEF&CC) was directed 18 to appoint a Committee to identify the areas outside the Delhi Ridge having similar morphological features to that of the notified ridge area. The Committee was appointed and has made substantial progress, as has been noted by this Court in orders dated 15.03.2023 and 12.07.2023.
2. In the order dated 24th July, 2024 passed by the Court, we have recorded the minutes of the meeting which was held on 28 th November, 2023.
3. In pursuance of the said order, Ms. Aishwarya Bhati, learned Additional Solicitor General has informed us that the Department of Forest and Wildlife, GNCTD, vide order dated 24th July, 2024 has informed that they do not have technical expertise and as such assistance of Water and Power Consultancy Services (WAPCOS) and National Afforestation and Economic Development Board (NAEB) is required.
4. Learned Additional Solicitor General, further states that the Survey of India, New Delhi as well as Geological Survey of India were also approached to understand the technical requirements of exercise of LiDAR mounted drone survey and finalize the tender specifications. Learned Additional Solicitor General further submits that the GNCTD has also informed that various sensitive installations/establishments are located in the national capital region and, therefore, various permissions would be required before employing the 19 services for the survey. The learned Additional Solicitor General, therefore, submits that the time is also sought on the ground that on account of monsoon season, there will be difficulty in carrying out the drone survey.
5. We, therefore, grant six months’ time to the High Powered Technical Committee to submit its report.
6. List this application after six months. IA No. 117204 of 2024 (CEC Report No.5)
1. Vide order dated 09th May, 2024, this Court has noted that the report of the Central Empowered Committee depicts a very shocking state of affairs. Though notifications dated 24th May, 1994 and 19th March, 1996 had shown the total reserve forest area would be 7784 hectares, the final notification issued covers an area of 103.48 hectares only.
2. It was further noticed that 5 per cent area is under encroachment and the rate of diversion of ridge land for non- forestry purposes was also on the rise.
3. We, therefore, had directed the Union of India, GNCTD and DDA to submit their responses to the said report.
4. Ms. Aishwarya Bhati, learned Additional Solicitor General and Ms. Manika Tripathy, learned counsel seek four weeks’ time to file responses.
5. List this application on 21.08.2024.
20I. A. NOS. 1408, 1457, 1462 OF 2005, 1787 OF 2007, 1863-1864 OF 2007, 3453 OF 2012 WITH I. A. NO. 178808 OF 2023 AND I. A. NO. 192984 OF 2023
1. Taking into consideration the conflicting stands taken in the different affidavits filed by the State of Kerala, this Court had passed an order on 15th April 2024 directing the State of Kerala to come with a specific stand so as to iron out the discrepancies in varying document(s)/affidavit(s) filed in collateral proceedings.
2. Shri P.V. Dinesh, learned senior counsel appearing for the State of Kerala submits that on account of elections and vast record, the State could not move in the matter and seeks four months’ time to file its affidavit.
3. We are not inclined to grant such a long period. We find that two months period would be sufficient for collecting the data and taking a firm decision with regard to the exact area for the Cardamon Hill Reserve.
4. In the meantime, CEC is also conducting an enquiry in order to assist the Court. Vide communication dated 18 th July 2024, the Secretary of CEC had requested the State of Kerala to give a true copy of the file No. REV-R2/36/2023-REV.
5. Two communications dated 22nd July, 2024, one by Dr. A. Kowsigan, IAS, Commissioner Land Revenue (representing Principal Secretary, Government of Kerala) and the other by Shri T.R. Jayapal, Additional Secretary, Government of Kerala 21 were addressed to the Member secretary, CEC communicating therein Government’s inability to furnish a true copy of the aforesaid file as the said file is under consideration of the Government. The CEC, originally constituted under the order of this Court, has now received a statutory recognition vide notification dated 05th September, 2023. The said statutory status was also granted in pursuance to the directions issued by this Court. The CEC is, therefore, discharging its duties in order to assist the Court in hearing the matters assigned to the Bench hearing T.N. Godavarman Thirumulpad matter. Every authority is, therefore, bound to assist the CEC when the CEC conducts an eqnuiry. An attempt to withhold an important file, in our view, undermines the authority of this Court. It prevents the CEC in discharging its duties of assisting the Court.
6. We, therefore, issue notice to Dr. A. Kowsigan, IAS, Commissioner Land Revenue and Shri T.R. Jayapal, Additional Secretary, Government of Kerala and direct them to remain present in this Court on 21st August, 2024 and show cause as to why an action for committing contempt of the Court may not be initiated against them by this Court.
7. List on 21.08.2024.
22I.A. NOS. 79569 AND 79576 OF 2019 WITH I. A. NOS. 159670 AND 159677 OF 2019 WITH I.A. D.NOS. 14261 AND 14262 OF 2021 AND I.A.NOS. 40599 AND 40624 OF 2023 AND I. A. NO. 220675 OF 2023
1. Vide order dated 10th January, 2024, we had clarified that the e-rickshaws could only be provided to the present cart pullers in order to compensate them on account of their loss of employment.
2. We had also directed that there should be restriction on the number of e-rickshaws vide order dated 15th April, 2024, we had restricted the number of e-rickshaws limited to 20. We have further clarified that the e-rickshaws should be permitted only if they are allotted to the earlier handcart pullers.
3. The State has filed an affidavit stating therein the rickshaws are allotted to the original licence handcart pullers.
4. However, the applicant(s), in the application filed by the Sthanik Ashwapal Sangathana and others, submits that e- rickshaws are not allotted to the original handcart pullers but to the hotel owners etc..
5. Ms. Nina Nariman, learned counsel appearing on behalf of the said applicant(s) said that the applicant No.4 (Ms. Maria Vaz) has filed her reply giving details as to whom the e- rickshaws are allotted. She further submits that in the affidavit filed by applicant (Ms. Asha Ashok Kadam), the 23 details have been given.
6. We find that in view of this disputed position, it will be appropriate that the learned Principal District Judge, Raigad, through a Judicial Officer conducts an enquiry into this disputed position and submit a report.
7. We request the learned Principal District Judge, Raigad to call this enquiry and submit a report within a period of four weeks from today.
8. Needless to state that in the enquiry, the officer deputed by the learned District Judge would give a hearing to the local administration as well as the representatives of Sthanik Ashwapal Sangathana and the representatives of the hand cart pullers.
9. The Collector, Raigad shall make necessary arrangements for conducting such an enquiry at Matheran.
10. Insofar as the report with regard to the proposal with regard to use of paver blocks, which the Government proposes to use in consultation with the IIT Mumbai is concerned, the same would be considered in the month of October, 2024, i.e. after mansoon.
11. We further direct the Monitoring Committee to file an affidavit with regard to the paver blocks as well as the streets/roads on which plying of e-rickshaws would be permitted.
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12. List on 23.10.2024.
I.A. NOS. 36847 & 36852 OF 2024
1. Ms. Aishwarya Bhati, learned Additional Solicitor General appearing for the MoEF&CC seeks four weeks’ time to file response.
2. Ms. Monika Gusain, learned counsel appearing for the State of Haryana also seeks time to file additional affidavit.
3. List these applications on 21.08.2024.
4. In the meanwhile, response/additional affidavit(s), if any, be filed.
I.A. NOS. 66542, 66546, 66548 OF 2024
1. Ms. Geeta Luthra, learned senior counsel appearing for the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) seeks eight weeks’ time to file reply affidavit.
2. Mr. Bishwajit Deb, learned Advocate General appearing for the State of Mizoram submits that the effect of the judgment of the Single Judge of the High Court of Guwahati at Aizwal Bench dated 27th January, 2021 has very wide ramifications inasmuch as the preliminary notification under Section 15 of the Mizo Forest Act, 1955, which declares half a mile as reserved forest on either side of 16 rivers would be annulled.
3. The learned Advocate General join the applicant in 25 praying for stay of the effect of the judgment of the High Court dated 27th January, 2021.
4. Taking into consideration the wider ramifications that the said judgment will have on the ecology of the State of Mizoram, we stay the operation of the judgment and order dated 27th January, 2021.
5. List on 21.08.2024.
I.A. NOS. 99457 AND 99462 OF 2024 AND I.A. NO. 263809 /2023 WITH I.A. NOS. 263810, 263811 AND 263812/2023 AND I.A. NO. 92980/2024 AND I.A. NO. 141598/2024
1. Mr. K. Parameshwar, learned Amicus Curiae has pointed out the order passed by the Division Bench of the High Court dated 02nd March, 2020, vide which the MoEF&CC was directed to notify at least one kilometer area from the boundary of Sukhna Lake Wildlife Sanctuary as Eco-Sensitive Zone falling in the areas of States of Punjab and Haryana.
2. Though this order is not appealed against, Mr. Gurminder Singh, the learned Advocate General appearing for the State of Punjab, states that the State has filed a review seeking review of the said judgment and order. In any case, the learned Advocate General fairly states that the proposal wherein ESZ was restricted only to 100 meters would not be in tune with the environmental and ecological concerns, he submits that the matter is being actively reconsidered by the State Government for providing larger ESZ areas. 26
3. We do hope that the State Government would act with the right earnest in such a sensitive matter.
4. List on 18.09.2024.
IA Nos. 156703, 156707 and 156710 of 2024
1. Issue notice, returnable on 21.08.2024.
2. Ms. Aishwarya Bhati, learned Additional Solicitor General appearing for the State of Rajasthan accept and waive notice. IA Nos. 108587, 108243 of 2024, SMW(C) No. 1/2023, IA Nos. 153500-02 of 2023 and IA No. 5891 of 2019 List on 07.08.2024.
Rest of the application/matters List on 21.08.2024.
(DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)