Supreme Court - Daily Orders
Samaj Parivartana Samudaya vs State Of Karnataka . on 30 July, 2014
²+ I.A.204 & 215 in WP(C)562/09 1
ITEM NO.301 COURT NO.6 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A. Nos. 204 & 215 in Writ Petition(s)(Civil) No(s). 562/2009
SAMAJ PARIVARTANA SAMUDAYA & ORS. Petitioner(s)
VERSUS
STATE OF KARNATAKA & ORS. Respondent(s)
(For directions)
Along with paperbooks of I.A.Nos.188 and 194
Date : 30/07/2014 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(s) Mr.A.D.N.Rao, Adv.
Mr.Siddarth Choudhary, Adv.
For Petitioner(s) Mr. Prashant Bhushan, Adv.
Mr.Ramesh K.Mishra, Adv.
For Respondent(s)/ Mr.K.K.Venugopal, Sr.Adv.
Applicant Mr.Sunil Dogra, Adv.
Mr.Sumit Attri, Adv.
Mr.R.Bhat, Adv.
Mr.Bharadwaja Ramasubramanyam, Adv.
Mr.C.A.Sundaram, Sr.Adv.
Mr.Chandra Uday Singh, Sr.Adv.
Mr.Aakash Bajaj, Adv.
Mr.Sanjeev K.Kapoor, Adv.
Mr.J.S.Attri, Sr.Adv.
Ms.Sukhbeer Kaur Bajwa, Adv.
Ms.Gunwant Dara, Adv.
Mr.Gaurav Sharma, Adv.
Signature Not Verified
Digitally signed by
Satish Kumar Yadav
Date: 2014.08.06
Mr.Dhruv Mehta, Sr.Adv.
Mr.A.K.Vasanth, Adv.
16:59:36 IST
Reason:
Mr.Mayank Kshirsagar, Adv.
Mr.Balaji Srinivasan, Adv.
I.A.204 & 215 in WP(C)562/09 2
Syed Tanweer Ahmad, Adv.
Mr.B.V.Balram Das, Adv.
Mr.K.N.Phanindra, Adv.
Mr.Jayant Mohan, Adv.
Mr.K.Raghavacharuvyhe, Adv.
Mr.Kailash Pandey, Adv.
Ms.Arunima Pal, Adv.
Mr.Chandra Prakash, Adv.
Upon hearing the counsel the Court made the following
O R D E R
The issue pertaining to the time schedule, for renewal of mining leases, and forest clearance, has engaged the attention of this Court for some time now. The procedure of renewal, was sought to be crystalised, by an order passed by this Court on 04.08.2006. Supplemental to the aforesaid order, the concerned authorities formulated the Forest Conservation Rules, 2003, which came to be amended from time to time. The latest amendment thereof was made by a Notification dated 14.03.2014.
Neither the time frame expressed by this Court in its order dated 04.08.2006, nor the time schedule depicted in the Rules referred to hereinabove, have been followed by the State functionaries, or by the Central Government. There are enormous delays in the disposal of renewal applications, for mining leases, and forest clearance. Out of 5 illustrative cases brought to our notice during the course of hearing today, none is stated to have been granted clearance. Some of them are still pending with the concerned State Governments, whereas, two are pending with the Central Government. The process of renewal, we may record, came to be initiated by the lease holders, during the year 2010, and I.A.204 & 215 in WP(C)562/09 3 thereafter.
It is apparent, that the administrative functioning has remained stalled, for some unknown reasons. Even though Mr.A.D.N.Rao, learned amicus, has brought to our notice reasons why no final decision could be taken, on the subject of renewal of mining leases, and forest clearance, we are of the view that there is no explicit or real justification emerging therefrom.
We would, therefore, request the Principal Secretary/Additional Chief Secretary of the States of Orissa and Karnataka to assist this Court in respect of the time schedule prescribed for the State Government. The Director General of Forest and Special Secretary, Ministry of Environment and Forest, Government of India will also to assist this Court on the issue of delayed clearances. They may interact in the meantime, with the learned counsel who participated in the deliberations of proceedings today and come out with solutions for ensuring, implementation of the time schedule, on the next date of hearing.
List on 19.08.2014 on the top of the list.
(SATISH KUMAR YADAV) (PHOOLAN WATI ARORA) COURT MASTER ASSISTANT REGISTRAR