Supreme Court - Daily Orders
In Re : T.N. Godavarman Thirumulpad vs Union Of India And Ors. on 14 August, 2014
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ITEM NO.301,302,303,304, COURT NO.7 SECTION PIL
305 and 307
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A. No.1574 in Writ Petition(s)(Civil) No(s). 202/1995
T.N. GODAVARMAN THIRUMULPAD Petitioner(s)
VERSUS
UNION OF INDIA & ORS Respondent(s)
(Report of CEC in Appln. No. 8456)
WITH
IA No. 2144 in Writ Petition(C) No. 202/1995
(Recommendation of CEC in appln. no.997)
IA No. 3132 in Writ Petition(c) No.202/1995
(for permission)
IA No. 3791 in Writ Petition(c) No.202/1995
(Recommendation of CEC in Appln. No.1380)
IA Nos. 3610 & 3805-3806 in Writ Petition(C) No.202/1995
(for impleadment and directions)
IA Nos.2705-2706 in Writ Petition(c) No.202/1995
(for permission and exemption from filing OT)
Date : 14/08/2014 These applications were called on for hearing
today.
CORAM :
HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON’BLE MR. JUSTICE J. CHELAMESWAR
HON’BLE MR. JUSTICE A.K. SIKRI
Amicus Curiae Mr. A.D.N. Rao, Adv.
For Applicant(s) Mr. Vikas Bansal, Adv.
In Item No.301 Mr. Ram Kishore Singh Yadav, Adv.
For Mr. Ardhendumauli Kr. Prasad, AOR(NP)
For Applicant(s) Ms. Pragati Neekhra, Adv.
In Item No.302
For Applicant(s) Mr. Maninder Singh, ASG
in Item No. 303
Signature Not Verified
For Applicant(s)
Digitally signed by
Mr. M.T.George, Adv.
In Item No.304
Parveen Kumar Chawla
Date: 2014.08.16
12:38:59 IST
Ms. Kavita K.T, Adv.
Reason:
For Applicant(s) Ms. Punam Kumari, Adv.
In Item No. 305
2
For Applicant(s) Mr. Sunny Choudhary, Adv.
For Mr. Mishra Saurabh, AOR(NP)
For Respondent(s) Mr. Ramesh Babu M.R, Adv.
Mr.Haris beeran, Adv.
Mr. Amol Chitale, Adv.
UPON hearing the counsel the Court made the following
O R D E R
I.A. No. 1574 in WP(C) No.202/1995 The attention of the learned counsel for the applicant has been invited to the Report of the Central Empowered Committee dated 27.4.2006.
Learned counsel for the applicant seeks a week’s time, so as to enable him to obtain instructions in the matter.
Prayer is allowed. List after one week. IA No. 2144 in WP(C) No. 202/1995 The prayer made by the applicant for permission of construction of the two bridges over Dehri Khad and Gaj Khad have been considered by the Central Empowered Committee. The Central Empowered Committee by its Report dated 8.1.2008 has recommended that the prayer for construction of the two bridges be accepted on the following conditions:
"(a) The Project Authorities will strictly comply with the conditions imposed by the Chief Wildlife Warden; and
(b) 5% of the estimated project cost i.e. Rs.55.00 lakhs will be deposited by the Project Authorities in the Compensatory Afforestation Fund for undertaking conservation and protection measures in the Pong Wildlife Sanctuary."3
Learned counsel for the applicant seeks waiver of five per cent of the estimated project cost.
Having given our thoughtful consideration to the prayer made by the applicant, we find no merit therein and the same is accordingly rejected.
In view of the above, the instant application is disposed of in terms of the recommendations made by the Central Empowered Committee in its Report dated 8.1.2008.
IA No. 3132 in WP(C)No. 202/1995 The Central Empowered Committee has recommended the use of 0.3767 hectares of forest land, subject to the following conditions:
"i) for use of forest land approval under the Forest (Conservation) Act, 1980 will be obtained;
ii) the conditions on which the Standing Committee of the NBWL has cleared the project i.e. the conditions to be stipulated by the Chief Wildlife Warden, State of Bihar would be strictly complied with; and
iii) 5% of the estimated project cost for the portion falling within the sanctuary will be deposited in the Compensatory Afforestation Fund for undertaking measures for the conservation and protection of national parks and wildlife sanctuaries in the State. "
The application made by the applicant Union of India is accordingly accepted, subject to the conditions expressed in the recommendations made by the Central Empowered Committee in its Report dated 24.09.2013.
4IA 3791 in WP(C) No.202/1995
The Central Empowered Committee has recommended that the applicant be permitted to use 0.2583 hectares of the forest land on the following conditions:
"(i)for non forest use of the forest land approval under the Forest (Conservation) Act, 1980 will be obtained;
(ii) the Net Present Value (NPV) of the diverted forest land as per the rates prescribed by this Hon’ble Court for the forest land falling in the Wildlife Sanctuaries, will be deposited in the Compensatory Afforestation Fund; and
(iii) the conditions prescribed by the Standing Committee of the NBWL will be complied with."
In view of the above, the instant application is disposed of in terms of the recommendations made by the Central Empowered Committee in its Report dated 2.7.2014.
IA 3610 & 3805-3806 in WP(C) no.202/1995 I.A. No. 3805 of 2014 filed by the Indian Wind Energy Association for impleadment is allowed.
Issue notice in I.A. No. 3806 of 2014.
List after one week.
I.A. Nos.2705-2706 in WP(C) 202/1995 The prayer made by the State of Madhya Pradesh has not been recommended for approval by the Central Empowered Committee in its Report dated 10.09.2013.
Learned counsel representing the State of Madhya Pradesh, accordingly, seeks an adjournment so as to enable him to file 5 objections.
Prayer is allowed. Objections be filed within four weeks from today. List thereafter.
(Parveen Kr. Chawla) (Phoolan Wati Arora)
Court Master Assistant Registrar