Supreme Court - Daily Orders
In Re : T.N. Godavarman Thirumulpad vs Union Of India And Ors. on 10 January, 2024
Author: B.R. Gavai
Bench: B.R. Gavai
1
ITEM NO.17+18 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)
(“ONLY” [ 1 ] I. A. NOS. 157777 AND 157782/2023 [APPLICATIONS FOR
IMPLEADMENT AND DIRECTIONS] IN RE : PRADEEP AND [ 2 ] I. A. NOS.
37666, 37670 AND 37679/2020 [APPLICATIONS FOR IMPLEADMENT,
DIRECTIONS AND EXEMPTION FROM FILING O.T.] IN RE : UTTAM KUMAR JAIN
AND ORS. AND [ 3 ] I. A. NOS. 87544, 87550 AND 91723 OF 2023
[APPLICATIONS FOR IMPLEADMENT, DIRECTIONS AND EXEMPTION FROM FILING
O.T.] IN RE : M/S. KRISHNA MINERS AND TRADERS, RAJASTHAN AND [ 4 ]
I. A. NOS. 107906 AND 107909/2023 [APPLICATIONS FOR IMPLEADMENT AND
DIRECTIONS] IN RE : NALWAYA MINERALS INDUSTRIES PVT. LTD. AND [ 5 ]
I. A. NOS. 112525, 112526 AND 112527/2023 [APPLICATIONS FOR
IMPLEADMENT, DIRECTIONS AND EXEMPTION FROM FILING O.T.] IN RE :
M/S. NALWAYA MINERALS INDUSTRIES PVT. LTD. AND [ 6 ] I. A. NOS.
115479, 115480 AND 115482/2023 [APPLICATIONS FOR IMPLEADMENT,
DIRECTIONS AND EXEMPTION FROM FILING O.T.] IN RE : HANUMAN DAS AND
[ 7 ] I. A. NOS. 79569 AND 79576/2019 [APPLICATIONS FOR
INTERVENTION AND DIRECTIONS] WITH I. A. NOS. 159670 AND 159677/2019
[APPLICATIONS FOR EXEMPTION FROM FILING OFFICIAL TRANSLATION] AND
I. A. D. NOS. 14261 AND 14262/2021 [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 40624/2023
[APPLICATIONS FOR INTERVENTION AND MODIFICATION OF COURT’S ORDER
DATED 12.05.2022] AND I. A. NO. 220675/2023 [APPLICATION FOR
DIRECTION IN I.A. NO. 79576/2019] IN RE : SHRAMIK RICKSHAW CHALAK-
MALAK SEVASANSTHA AND [ 8 ] 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 [ 9 ] I. A. Nos. 90862 AND 90864/2021
[APPLICATIONS FOR DIRECTIONS AND EXEMPTION FROM FILING O.T.] WITH
I. A. No. 101580/2023 [APPLICATION FOR EXEMPTION FROM FILING O.T.]
IN RE : M/S. JAIPUR SILICA SUPPLY CO., RAJASTHAN AND [ 10 ] IN RE :
“CONSTRUCTION OF
Signature Not Verified
MULTI STOREYED BUILDINGS IN FOREST LAND
MAHARASHTRA” [ i ] I. A. No. 2079/2007 [APPLICATION FOR IMPLEADMENT
Digitally signed by
Deepak Singh
Date: 2024.01.18
AND DIRECTIONS] WITH [ ii ] I.A Nos. 2301-2302 [APPLICATIONS FOR
16:26:16 IST
Reason:
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
2
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 [ 11 ] I. A. Nos.
1408, 1457, 1462, 1787, 1863-1864, 3453 WITH I. A. No. 178808/2023
(APPLICATION FOR EXTENSION OF TIME) AND I. A. No. 192984/2023
(APPLICATION SEEKING PERMISSION TO FILE ADDITIONAL DOCUMENTS )AND [
12 ] I.A. NO. 41723 OF 2022 [APPLICATION FOR DIRECTIONS] IN RE :
AMAN SINGH, RAJASTHAN AND [ 13 ] I. A. NOS. 43616, 43618 AND
43621/2020 [APPLICATIONS FOR INTERVENTION, DIRECTIONS AND EXEMPTION
FROM FILING O.T.] IN RE : ABRAHAM ABRAHAM AND [ 14 ] I.A. Nos.
2930/2010 AND 3963/2017 [APPLICATIONS FOR DIRECTIONS AND PERMISSION
TO FILE ADDITIONAL DOCUMENTS] WITH I.A. No. 160714/2019
[APPLICATION FOR EXEMPTION FROM FILING OFFICIAL TRANSLATION] AND
I.A. No. 77320/2023 [APPLICATION FOR OBJECTION ON BEHALF OF
APPLICANT] AND I.A. No. 79064/2023 [APPLICATION FOR LEAVE TO AMEND
THE I.A. NO. 2930/2010 ] IN RE : M/S SHEWALKER DEVELOPERS LTD AND [
15 ] [i] I.A. NO. 19010/2019 [APPLICATION FOR DIRECTIONS] WITH [ii]
I.A. NO. 75982/2019 [APPLICATION FOR EXEMPTION FROM FILING O.T]
WITH [iii] I.A. NO. 86706/2019 [APPLICATION FOR DIRECTIONS] WITH
[iv] I.A. NO. 90640/2019 [APPLICATION FOR PERMISSION TO FILE
ADDITIONAL DOCUMENTS] WITH [v] I.A. NO. 122128 AND 122130/2019
[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 129264/2019 [APPLICATION FOR IMPLEADMENT AND DIRECTIONS]
FILED BY MR. RAVINDRA KESHAVRAO ADSURE, ADVOCATE] AND [vii] I.A.
NO. 129279/2019 [APPLICATION FOR DIRECTION] FILED BY MR. GOPAL
BALWANT SATHE, ADVOCATE AND [viii] I.A. NOS. 150901 AND 150915/2019
[APPLICATIONS FOR INTERVENTION AND DIRECTION FILED BY MS. MAYURI
RAGHUVANSHI, ADVOCATE IN RE : CONSERVATION ACTION TRUST,
MAHARASHTRA AND [ 16 ] I.A. NOS. 2874 AND 2876 OF 2010
[APPLICATIONS FOR INTERVENTION AND DIRECTION] WITH I.A. NO. 3129 OF
2011 (APPLICATION FOR INTERIM DIRECTIONS IN I.A. NOS. 2874 AND 2876
OF 2010) IN RE : M/S. JAI POLYMERS CO. PVT. LTD. AND [ 17 ] I.A.
NOS. 2877 AND 2879 OF 2010 [APPLICATIONS FOR INTERVENTION AND
DIRECTION] WITH I.A. NO. 3125 OF 2011 (APPLICATION FOR INTERIM
DIRECTIONS IN I.A. NOS. 2877 AND 2879 OF 2010) IN RE : M/S. MODI
MINERALS GRINDING MILLS PVT. LTD. AND [ 18 ] I. A. NOS. 85332 AND
85124/2023 [APPLICATIONS FOR INTERVENTION AND DIRECTIONS] IN RE :
ROHIT CHOUDHARY AND [ 19 ] I.A. NO. 12465/2019 [APPLICATION FOR
DIRECTIONS] WITH I. A. NO. 98194/2019 [APPLICATION FOR PERMISSION
TO FILE ADDITIONAL DOCUMENTS IN I.A. NO. 12465/2019] AND I. A. NO.
127871 AND 127874/2020 [APPLICATION FOR INTERVENTION AND DIRECTIONS
] IN RE : ZUDPI LANDS, STATE OF MAHARASHTRA AND [ 20 ] [i] CONTEMPT
PETITION (CIVIL) NO. 319 OF 2021 IN I. A.No. 90182 OF 2019
(DISPOSED OF) (APPLICATION FOR DIRECTIONS) WITH I. A. No.
66719/2021 (APPLICATION FOR EXEMPTION FROM FILING NOTORIZED
AFFIDAVIT) AND I. A. No. 140286/2023 (APPLICATION FOR CONDONATION
OF DELAY IN FILING CONTER AFFIDAVIT) WITH I. A.NOS. 197410 AND
197412/2023 (APPLICTIONS FOR PERMISSION TO FILE ADDITIONAL
DOCUMENTS AND EXEMPTION FROM FILING O.T.) 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) AND INTERLOCUTORY APPLICATION NO.
3
52187/2023 (APPLICATION FOR EXEMPTION FROM FILING O.T.) AND
INTERLOCUTORY APPLICATION NOS. 197351/2023 AND 2665/2024
(APPLICATIONS FOR PERMISSION TO FILE AFFIDAVIT) 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) WITH INTERLOCUTORY APPLICATION NO. 75033/2023
(APPLICATION FOR EXEMPTION FROM FILING O.T.) IN RE : GAURAV KUMAR
BANSAL IN WRIT PETITION (CIVIL) NO. 202/1995 “ONLY” ARE LISTED IN
W.P.(C) No. 202/1995 “ONLY” ON 10.01.2024 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. G.S. MAKKER FOR S.NO. [ 1 ] MAYANK AGGARWAL FOR S.NO.
[ 2 ] MR. RAO RANJIT, MR. MILIND KUMAR (STATE OF RAJASTHAN) FOR S.
NO. [ 3 ] TO [5 ] MS. ARUNA GUPTA FOR S. NO. [ 6 ] MS. ARUNA GUPTA,
MR. SIDDHARTH SHARMA FOR S.NO. [ 7 ] MS. MISHA ROHATGI MOHTA, M/S.
KARANJAWALA AND CO., MR. AADITYA A . PANDE (FOR STATE OF
MAHARASHTRA) FOR S.NO. [ 8 ] MS. JAIKRITI S. JADEJA, MR. SANDEEP
KR. JHA FOR S. NO. [ 9 ] MR. DHARMENDRA KR. SINHA, MR. SANDEEP KR.
JHA FOR S. NO. [ 10 ] MR. B.K. PAL, MR. NISHANT R. KATNESHWARKAR,
M/S MITTER AND MITTER CO., MS. RANJEETA ROHTAGI, MR. C. S. ASHRI
FOR S.NO. [ 11 ] 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. [ 12 ] MR. SIDDHARATHA JHA, MR.
SANDEEP KUMAR JHA (FOR STATE OF RAJASTHAN) FOR S.NO. [ 13 ] MR.
JAMES P. THOMAS, MS. ANZU K. VARKEY (FOR R. NO. 7) FOR S. NO.
[ 14 ] MR. NEERAJ SHEKHAR, MR. HARSH PARASHAR FOR S. NO. [ 15 ] [i
and viii] MS. VANSHAJA SHUKLA, MR. NISHANT R. KATNESHWARKAR, MR.
GOPAL BALWANT SATHE, MR. RAVINDRA KESHAVRAO ADSURE, MS. MAYURI
RAGHUVANSHI MS. MRIDULA RAY BHARDWAJ FOR S. NOS. [ 16 ] AND [ 17 ]
MR. VIVEK JAIN FOR S.NO. [ 18 ] MS. SHIBANI GHOSH FOR S.NO. [ 19]
MR. NISHANT R. KATNESHWARKAR, MR. AADITYA A. PANDE, MS. SRISHTI
AGNIHOTRI (INTERVENOR) FOR S. NO. [ 20 ] MR. GAURAV KR. BANSAL (P-
I-P), DR. ABHISHEK ATREY, MR. ATUL SHARMA )
WITH
Contempt Petition(C) No. 319 of 2021
Date : 10-01-2024 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE SANDEEP MEHTA
For parties:
Mr. K. Parameshwaran, Adv. (A.C.)
Mr. N.V. Mukunda, Adv.
Ms. Kanti, Adv.
Ms. Arti Gupta, Adv.
Mr. Chinmay Kalgaonkar, Adv.
4
Mr. S. Niranjan Reddy, Sr. Adv.
Ms. Aruna Gupta, Adv.
Mr. Ramesh Allanki, Adv.
Ms. Palak Arora, Adv.
Mr. Syed Ahemd Naqvi, Adv.
Mr. Ravindra Keshavrao Adsure, Adv.
Mr. Yash Prashant Sonavane, Adv.
Mr. Avishkar Singhvi, Adv.
Mr. Tushar Kumar, Adv.
Mr. Junaid Qureshi, Adv.
Mr. Krishna Ballabh Thakur, AOR
Mrs. Misha Rohatgi, AOR
Mr. Lalit Mohan, Adv.
Mr. Videh Vaish, Adv.
Ms. Aakansha, Adv.
Mr. V. Giri, Sr. Adv.
Mr. Roy Abraham, Adv.
Ms. Reena Roy, Adv.
Mr. Adithya Koshy Roy, Adv.
Ms. Neelam Saini, Adv.
Mr. Himinder Lal, Adv.
Mr. C.U. Singh, Sr. Adv.
Mr. K. Raghavachangulu, Adv.
Mr. Kailash Pandey, Adv.
Mr. Krishna Yadav, Adv.
Mr. Ranjeet Singh, Adv.
Mr. Syed Mehdi Imam, AOR
Mr. T. Harish Kumar, AOR
Mr. S. Muralidhar, Sr. Adv.
Mr. M.A. Karthi, Adv.
Mr. Diensh C. Pandey, AOR
Mr. Dushyant Dahiya, 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. Shagun Thakur, Adv.
Mr. Gaichangpou Gangmei, AOR
5
Mr. Raj Kishor Choudhary, AOR
Mr. Nalin Kohli, Sr. A.A.G.
Ms. Nimisha Menon, Adv.
Mr. Anshul Malik, Adv.
Mr. Shruti Agrawal, Adv.
Mr. Sarthak Sharma, Adv.
Mr. Ayuushman Aroraa, Adv.
Mr. Shuvodeep Roy, AOR
Mr. Santhosh Kumar, Adv.
Ms. Shreesh Tyagi, Adv.
Ms. Pranali Tayade, Adv.
Mr. Sravan Kumar K., AOR
Mr. Karan Sharma, AOR
Mr. Prinay Sharma, aDv.
Mr. Rishabh Sharma, Adv.
Ms. Pratibha Jain, AOR
Mr. Rajeev Singh, AOR
Mr. Prashant Kumar, AOR
Mr. Dharmendra Kumar Sinha, AOR
Mr. Subodh Kr. Pathak, Adv.
Mr. Shashi Ranjan, Adv.
Ms. Barnali Basak, Adv.
Mr. Vinod K. Soni, Adv.
Mr. Pawan Kumar Sharma, Adv.
Mr. Akash Swami, Adv.
Mr. V. Elangovan, Adv.
Mr. P. Parmeswaran, AOR
Ms. Sujata Kurdukar, AOR
Ms. Sharmila Upadhyay, AOR
Mr. Kamal Mohan Gupta, AOR
Mr. Kamal Mohan Gupta, Adv.
Mr. Amber Shehbaz Ansari, Adv.
Mr. Gorakh Nath Yadav, Adv.
Mr. Umang Tripathi, Adv.
Mrs. Nishat Afza, Adv.
Mr. Sudarsh Menon, AOR
Mr. Ramesh Babu M. R., AOR
Mr. Vikrant Singh Bais, AOR
Mr. Shiva Pujan Singh, AOR
Mr. Rajesh Singh, AOR
Mrs. B. Sunita Rao, AOR
Mr. M. C. Dhingra, AOR
Mr. Ejaz Maqbool, AOR
Mr. Rajesh, AOR
6
M/S. Corporate Law Group, AOR
Mr. Lakshmi Raman Singh, AOR
Mr. Himanshu Shekhar, AOR
Mr. Parth Shekhar, Adv.
Mr. Shubham Singh, Adv.
Mr. Arvind Kumar Tomar, Adv.
Ms. Moni Tomar, Adv.
Mr. Mata Prasad Pathak, Adv.
Mr. Mukesh Kumar Verma, Adv.
Mr. Mayur Raj, Adv.
Mr. Darshan Chandrakant Siddarkar, Adv.
Mr. Dr. Mahesh Y.reddy, Adv.
Mr. N.chandra Sekar, Adv.
Mr. Dr Uttam Kumar Samanta, Adv.
Mr. Raghav Kumar Bimal, Adv.
Mr. Lohit Kumar Bimal, Adv.
Mr. Vijay Singh, Adv.
Ms. Rashika Kapoor, Adv.
Mr. Varun Prasad, Adv.
Mr. Shyam Divan, Sr. Adv.
Ms. Nina Nariman, Adv.
Ms. Tahira Karanjawala, Adv.
Mr. Arjun Sharma, Adv.
Mr. Shreyas Maheshwari, Adv.
Ms. Sukanya Das, Adv.
Mrs. Manik Karanjawala, AOR
Mr. Bhavanishankar V.gadnis, Adv.
Mr. A. Venayagam Balan, AOR
Mr. Vishwanath Gadnis, Adv.
Mr. Gaurav Pal, Adv.
Mr. C. L. Sahu, AOR
Ms. Sumita Hazarika, AOR
Ms. Abha R. Sharma, AOR
Mr. Abhishek Chaudhary, AOR
Mr. S. R. Setia, AOR
Ms. Charu Mathur, AOR
Mr. Rajiv Mehta, AOR
Mr. T. V. George, AOR
Mr. Krishnanand Pandeya, AOR
Mr. Neeraj Shekhar, AOR
Dr. Sumit Kumar, Adv.
Mr. Rajesh Kumar Maurya, Adv.
Mr. P.r.rajhans, Adv.
Mr. Chandra Pratap, Adv.
Ms. Asha Gopalan Nair, AOR
Mr. E. M. S. Anam, AOR
7
Ms. K. V. Bharathi Upadhyaya, AOR
Mr. T. N. Singh, AOR
Mr. Punit Dutt Tyagi, AOR
Mr. Rathin Das, AOR
Mr. Ratan Kumar Choudhuri, AOR
Mr. Sudhir Kulshreshtha, AOR
Ms. Binu Tamta, AOR
Mr. B V Deepak, AOR
Mr. Gopal Singh, AOR
Mr. Sudhir Kumar Gupta, AOR
Mr. A. N. Arora, AOR
Mr. Irshad Ahmad, AOR
Mr. G. Prakash, AOR
Mr. Rauf Rahim, AOR
Ms. Gauri Pandey, Adv.
Mr. Raghav Pandey, Adv.
Mrs. Rekha Pandey, AOR
Ms. Sheetal Nagar, Adv.
Mrs. Shamim Irshad, Adv.
Mr. Mohd. Irshad Hanif, AOR
Mr. P. V. Yogeswaran, AOR
Mr. Jitendra Mohan Sharma, AOR
Ms. Malini Poduval, AOR
Ms. C. K. Sucharita, AOR
Mrs. Anjani Aiyagari, AOR
Ms. Hemantika Wahi, AOR
Mr. Pradeep Kumar Bakshi, AOR
Mr. Pankaj Kumar Singh, Adv.
Mr. V. S. Dubey, Adv.
Mr. K. L. Janjani, AOR
Mr. Naresh K. Sharma, AOR
Ms. A. Sumathi, AOR
Mr. Jai Prakash Pandey, AOR
Mr. Ajit Pudussery, 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
8
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
Ms. S. Janani, AOR
Ms. Sharika Rai, Adv.
M/S. Arputham Aruna And Co, AOR
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
Mr. Manoranjan Paikaray, Adv.
Mr. Pradeep Kar, Adv.
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. Shubhranshu Padhi, AOR
Mr. Sarvam Ritam Khare, AOR
Mr. Gaurav Agrawal, AOR
Ms. Shibani Ghosh, AOR
Mr. Yogesh Malik, Adv.
Mrs. Pragya Baghel, AOR
Mr. Aravindh S., AOR
Mr. Abbas, Adv.
Ms. Kavya Geetha, Adv.
M/S. D.s.k. Legal, AOR
Mr. Mohit Paul, AOR
9
Mr. Siddharth Bhatnagar, Sr. Adv.
Mr. Sagar Nandkumar Pahune-patil, Adv.
Mr. Gopal Balwant Sathe, AOR
Ms. Mrinal Gopal Elker, AOR
Dr. Manish Singhvi, Sr. Adv.
Ms. Shubhangi Agarwal, Adv.
Mr. Apurv Singhvi, Adv.
Mr. Milind Kumar, AOR
Ms. Purnima Krishna, AOR
Mr. M.f. Philip, Adv.
Mr. Karamveer Singh Yadav, Adv.
Mr. Kaushik Choudhury, AOR
Mr. V. N. Raghupathy, AOR
Mr. Manendra Pal Gupta, Adv.
Mr. Amrish Kumar, AOR
Ms. Astha Sharma, AOR
Mr. Bhanu Mishra, Adv.
Mr. Karan Sharma, AOR
Mr. Mohit Siwach, Adv.
Mr. Rishabh Sharma, Adv.
Mr. Abhishek Atrey, AOR
Dr. Abhishek Atrey, Adv.
Ms. Vidyottma Jha, Adv.
Dr. Manish Singhvi, Sr. Adv.
Mr. Sandeep Kumar Jha, AOR
Ms. Anzu. K. Varkey, AOR
Mr. Ravindra S. Garia, AOR
Mr. Shashank Singh, Adv.
Mr. Madan Chandra, Adv.
Mr. Kapil Dev, Adv.
Mr. Sudeep Kumar, AOR
Mr. Naveen Kumar, AOR
Mr. M. R. Shamshad, AOR
Mr. Ajay Marwah, AOR
Mr. Vivek Jain, AOR
Mr. Pashupathi Nath Razdan, AOR
10
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.
Ms. Akanksha Tomar, Adv.
Mr. Argha Roy, Adv.
M/S. Cyril Amarchand Mangaldas Aor, AOR
Mr. Guntur Pramod Kumar, AOR
Ms. Mayuri Raghuvanshi, AOR
Mr. Sanjay Upadhyay, Adv.
Mr. Vyom Raghuvanshi, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
Ms. Raavi Sharma, Adv.
Ms. Yamini Singh, Adv.
Mr. Mayank Aggarwal, AOR
Ms. Adarsh Nain, AOR
Mr. Abhinav Mukerji, AOR
Ms. Ruchira Goel, AOR
M/S. V. Maheshwari & Co., AOR
Mr. Rajeev Singh, AOR
Ms. Seita Vaidyalingam, AOR
Mr. Kumar Anurag Singh, Adv.
Mrs. Tulika Mukherjee, Adv.
Mr. Anando Mukherjee, AOR
Mr. Shwetank Singh, Adv.
Mr. Siddhartha Jha, AOR
Ms. Surbhi Mehta, AOR
Mr. Rajiv Kumar Choudhry , AOR
Mr. Nishanth Patil, AOR
M/S. Venkat Palwai Law Associates, AOR
Mr. Vinod Sharma, AOR
Mr. A. Karthik, AOR
Ms. Smrithi Suresh, Adv.
Ms. Sreepriya K, Adv.
Mr. Arsh Khan, Adv.
Mr. Siddharth Sharma, AOR
Ms. Vanshaja Shukla, AOR
Ms. Ankeeta Appanna, Adv.
Mr. Chirag M. Shroff, AOR
11
Dr. Joseph Aristotle S., AOR
Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.
Mr. Krishna Ballabh Thakur, AOR
Mr. Tushar Kumar, Adv.
Mr. Amrish Ranjan Pandey, Adv.
Ms. Rashmi Kumari, Adv.
Mr. Rajeev Kumar Dubey, Adv.
Mr. Kamlendra Mishra, AOR
Mr. Somesh Chandra Jha, AOR
Mr. S. Gowthaman, AOR
Mr. Nishit Agrawal, AOR
Mr. Romy Chacko, AOR
Mr. P. S. Sudheer, AOR
Mr. Saurabh Mishra, AAG
Mr. Susheel Tomar, Adv.
Mr. Sunny Choudhary, AOR
Mr. Sunil Kumar Sharma, AOR
Mr. Raghvendra Kumar, AOR
Mr. Anand Kumar Dubey, Adv.
Ms. Harsha Sharma, Adv.
Dr. Monika Gusain, AOR
Mr. P. K. Manohar, AOR
Mr. Jaideep Gupta, Sr. Adv.
Mr. Nishe Rajen Shonker, AOR
Ms. Anu K Joy, Adv.
Mr. Alim Anvar, Adv.
Mr. Abraham Mathew, Adv.
Mr. Riddhi Bose, Adv.
Mr. Shreekant Neelappa Terdal, AOR
Mr. K M Nataraj, A.S.G.
Mr. Mukesh Kumar Maroria, Aor, Adv.
Mr. Mrinal Elkar Mazumdar, Adv.
Mr. Mukesh Kumar Verma, Adv.
Mr. Neeraj Kumar Sharma, Adv.
Ms. Indira Bhakar, Adv.
Mr. Harish Pandey, Adv.
Ms. Sunieta Ojha, AOR
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Mr. Naveen Kumar, AOR
Mr. James P. Thomas, AOR
Ms. Archana Pathak Dave, Adv.
Ms. Deepanwita Priyanka, AOR
Mrs. Kirti Renu Mishra, AOR
Mr. A N S Nadkarni, Sr. Adv.
Mr. Atul Sharma, AOR
Ms. Rachana Gandhi, Adv.
Mr. A N S Nadkarni, Sr. Adv.
Mr. Vivek Jain, AOR
Ms. Suchitra Kumbhat, Adv.
Mr. Abhinav Jain, Adv.
Mr. S.S. Rebello, Adv.
Mr. Rajat Jain, Adv.
Ms. Deepti Arya, Adv.
Ms. Manisha Gupta, Adv.
Ms. Arzu Paul, Adv.
Mr. B. K. Pal, AOR
Ms. Shalini Kaul, AOR
Mrs. Niranjana Singh, AOR
Mr. Dhaval Mehrotra, AOR
Mr. Ravindra Kumar, Sr. Adv.
Mr. Binay Kumar Das, AOR
Ms. Priyanka Das, Adv.
Ms. Neha Das, Adv.
Mr. Sanjay Kumar Singh, Adv.
Mr. Vipin Kumar Saxena, Adv.
UPON hearing the counsel the Court made the following
O R D E R
I.A. Nos. 157777 and 157782 of 2023
1. As requested by Ms. Aishwarya Bhati, learned Additional Solicitor General, four weeks’ time is granted to file reply affidavit.
2. List these applications on 14.02.2024. 13 IA Nos. 37666, 37670 and 37679 of 2020
1. The affidavit filed by the State of Rajasthan does not take into consideration as to what is the effect of the Report of the Kapoor Committee.
2. The State shall, therefore, clarify as to whether the Kapoor Committee, which was appointed after the order to that effect were passed by this Court, has identified the pieces of land in question to be included in forest or not.
3. It is also pointed out by the applicant(s) that in the Master Plan of Banswara Municipal Council of 2011-2031, the land in question has been designated as residential zone.
4. As requested by Dr. Manish Singhvi, learned senior counsel appearing for the State, four weeks’ time is granted to file an affidavit.
5. List these applications on 14.02.2024. I.A. Nos. 2874 and 2876, 2877 and 2879 of 2010
1. The report of the Central Empowered Committee (CEC) in all these applications shows that mining lease of the applicant(s) does not fall in the Aravali Hills and further that no illegal mining was found. Though the report of the Forest Survey of India endorses that no illegal mining has been found in this area, it suggests that the said areas falls within the Aravali Hill Range.
2. Dr. Manish Singhvi, learned senior counsel appearing for the State of Rajasthan submits that the issue as to whether 14 the classification between Aravali Hills and Aravali Ranges, in so far as the mining activities are concerned needs to be finally decided by this Court.
3. We, prima facie, feel that if the State is of the view that the mining activities in the Aravali Range is also deterimental to the environmental interest, nothing stops the State Government from preventing mining activities in the Aravalli Range as well.
4. Be that as it may, the application of the present applicant(s) stand on a similar footing which were allowed by this Court vide order dated 16th January, 2023.
5. We, therefore, dispose of these application(s) with direction to the State Government to consider the application(s) filed by the applicant(s) for permitting the renewal and continuance of the mining operations in accordance with law.
6. In so far as mining activities in Aravali Hills and Ranges are concerned, Mr. K. Parameshwaran, learned Amicus Curiae states that it will be in the larger public interest, if all these issues are examined by the CEC and a comprehensive direction is issued by this Court in that regard.
7. We find the suggestion of the learned Amicus Curiae reasonable.
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8. We request the CEC to examine the issue as to whether the classification of Aravali Hills and Ranges in so far as permitting mining is concerned, needs to be continued or not.
9. We also request the CEC to take on board the experts in Geology before finalizing its report. The same shall be done within a period of eight weeks from today.
10. List on 13.03.2024 for the said purpose.
11. We are informed that though the issues involved with regard to the mining in Aravali Hills and Rage in Haryana and Rajasthan are common, the matters/applications with regard to the mining in State of Haryana are placed before another Bench of this Court, whereas the matters/applications with regard to the mining in Rajasthan are placed before this Bench.
12. We are of the view that since the issues with regard to mining in the Aravali Hills and Ranges are common for both the States, it will be appropriate that the said matters are heard and decided by the Same Bench of this Court, so as to avoid any conflicting order(s).
13. We, therefore, direct the Registrar (Judicial) to place the matter(s) before Hon’ble the Chief Justice of India to obtain appropriate order(s) and place the same before the Bench as directed by the Hon’ble the Chief Justice of India. I.A. Nos. 87544,87550 and 91723 of 2023, 107906 and 107909 of 2023, 112525, 112526 and 112527 of 2023
1. We request the CEC to examine the issue involved in these 16 applications and submits its report within eight weeks from today.
2. List these applications on 13.03.2024 I.A. Nos. 115479, 115480 and 115482 of 2023
1. The relief which is sought in these application(s) has already granted by the State by cancelling the lease.
2. Accordingly, these applications have become infructuous and the same are disposed of.
2. We are informed that since the cancellation has been challenged by the lease holder, the matter is sub judice before the High Court. The High Court shall decide the same on its own merits.
I.A. No. 108146 of 2022 in W.P.(C) No. 202 of 1995 and W.P. (C) No. 633 of 2022
1. Vide judgment and orders dated 26th April, 2023 and 28th April, 2023, we have prohibited all mining activities within one kilometer from the boundaries of the National Parks/Wild Life Sanctuaries.
2. Indisputably, since the areas in respect of which the relief is sought in the present applications fall within one kilometer of the aforesaid boundaries, no separate orders are required to be passed in these matters.
3. This application and Writ Petition are accordingly 17 disposed of.
4. We further clarify that in the event, the State find that any illegal mining activity conducted by any of the miners, the State would always be at liberty to proceed in accordance with law and disposal of this application/petition would not come in the way of those proceedings.
I.A. Nos. 90862 and 90864 of 2021 In view of the report of the CEC and specifically the reasons mentioned in paragraph 13 thereof, the applications are rejected.
I.A. Nos. 79569 and 79576 of 2019 with I.A. No. 159670 and 159677 of 2019, I.A. Diary Nos. 14261 and 14262 of 2021, I.A. Nos. 40599 and 40624 of 2023 and I.A. No. 220675 of 2023
1. Vide our earlier order dated 24th February, 2023 and 12th July, 2023, we had issued certain directions with regard to laying of paver blocks on the roads as well as plying of E- rickshaws in the city of Matheran.
2. Mr. Siddarth Dharmadhikari, learned Standing Counsel for the State of Maharashtra submits that the Monitoring Committee in consultation with IIT Bombay, is considering the proposal of using clay paver blocks instead concrete paver blocks.
3. It is submitted that it is necessary to use clay paver blocks in order to prevent the soil erosion. 18
3. We clarify that E-Rickshaws, if permitted, would be only provided to the present hand cart pullers in order to compensate them on account of their loss of employment.
4. We further clarify that there shall also be a restriction on the number of E-rickshaws to be permitted in the city of Matheran.
5. Alongwith the issue of paver blocks, if any, the Monitoring Committee shall also consider as to which of the roads/streets would be permitted to be used by the E- rickshaws. Further, determine the number of e-rickshaws to be plied in the city of Matheran.
6. The Monitoring Committee shall submit the report with regard to that within four weeks from today and thereafter two weeks’ time is granted to the applicant(s) to file response, if any.
7. List these applications/matters on 13.03.2024. IA Nos. 2079/2008, IA Nos. 2301-02/2008, IA Nos. 3044- 3045/2011, IA Nos. 111725 and 154041/2018 in IA Nos. 2771- 72/2009 and W.P. (C) No. 301/2008.
1. As prayed, two weeks’ time is granted to the learned counsel for the State to file reply affidavit and thereafter two weeks’ time is granted to the learned counsel for the applicant(s) to file response.
2. List these applications/matter(s) on 14.02.2024. 19 IA Nos. 1408, 1457 and 1462 of 2005, IA Nos. 1787, 1863-1864 of 2007, 3453 of 2012, 178808 and 192984 of 2023
1. In view of letter circulated by learned counsel for the petitioner seeking adjournment on the ground of personal difficulty, hearing of these applications is deferred for four weeks.
2. List these applications on 14.02.2024 IA No. 41723 of 2022
1. As prayed, four weeks’ time is granted to the learned counsel for the State to take instructions as to what steps are being taken for identification, survey and demarcation of the sacred groves such as Orans, Dev-Vans and Rundhs etc., as forest lands.
2. We make it clear that if no positive response is received from the State on the next date of hearing, we will be compelled to take such steps as may be found necessary.
3. List this application on 14.02.2024.
I.A. Nos. 43616, 43618 and 43621 of 2020
1. Mr. Ranjith Marar, learned counsel appearing for the respondent No.10 against whom the allegations have been made by the applicant(s) as well as by the State seeks and is granted two weeks’ time to file counter affidavit. Thereafter, two weeks’ time is granted to the opposite party to file rejoinder affidavit, if any.
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2. List these applications on 14.02.2024. IA Nos. 2930/2010, IA No. 3963/2017, 160714/2019, 77320/2023 and 79064/2023
1. As prayed, four weeks’ time is granted to the learned counsel for the State to file reply affidavit.
2. List these applications on 14.02.2024. I.A. No. 19010, 75982, 86706, 90640, 122128 and 122130, 129260 and 129264/2019, 129279/2019, 150901 and 150915 of 2019
1. As prayed, two weeks’ time is granted to file reply affidavit and thereafter two weeks’ time is granted to the applicant(s) to file rejoinder affidavit, if any.
2. List these applications on 14.02.2024.
IA Nos. 85124 and 85332 of 2023 As prayed by Mr. Nalin Kohli, learned counsel appearing for the State, list these applications on 14.02.2024. IA. Nos. 12465 and 98194 of 2019, IA Nos. 127871 and 127874 of 2020 As requested by Mr. Sidharth Dharmadhikari, learned counsel appearing for the State, list these matters on 14.02.2024.
IA No. 5965 of 2024 in I.A. No. 47252 of 2021
1. The applicant has approached this Court praying for 21 permission to continue its mining operation in the Diamond Mining Project at Village Majhgawan Mine, District Panna, Madhya Pradesh in terms of the Mine Closure Plan dated 23rd September, 2019.
2. The application has been filed by the present applicant since the Expert Appraisal Committee (EAC) has observed that the project proponent needs to seek clarification from this Court regarding the applicability of orders dated 26th April 2023 and 28th April 2023.
3. This court on 30th November, 2022 had passed the following Order:
“IA No. 47252, 47249 and 47644 of 2021 The applications (I.A. Nos.47249 and 47644 of 2021) for impleadment and exemption from filing O.T. are allowed. The main application (I.A. No. 47252 of 2021) is for permitting the applicant to continue its mining operations in 16 the Diamond Mining Project at village Majhgawan in District Panna, Madhya Pradesh, in terms of the Mine Closure Plan dated 23.09.2019. The perusal of the application would reveal that the applicant has already received Forest Clearance for Supplementary Mining Lease vide order dated 06.01.2021, issued by the Secretary (Forest), Government of Madhya Pradesh. The proposal for granting Wild Life Clearance has been considered in the 19th Meeting of M.P. State Wildlife Board held on 14.01.2021. The proposal for renewal of clearance under the Wildlife Protection Act, 1972 was also considered favourably in the meeting of the Standing Committee of National Board for Wildlife, MoEF&CC, New Delhi on 18.02.2021. The Scientist-
D(Wildlife, MoEF&CC, New Delhi vide its letter dated 11.03.2021 communicated the decision of the Standing Committee to recommend the proposal, subject to the 22 conditions imposed by the Chief Wildlife Warden and the NTCA. Taking into consideration the fact that all the concerned authorities have already granted their clearances, we find that the present application deserves to be allowed. Another fact that needs to be taken into consideration, as submitted by Mr. C.U. Singh, learned senior counsel appearing for the applicant is that after the orders were passed by this Court on 13.08.2008 and 05.09.2008, there has been an increase in the Tiger population in the Panna Tiger Reserve, which had come down to zero. We have also heard the learned Amicus Curiae. We are, therefore, inclined to allow the said application, subject to the condition that all conditions imposed by the authorities mentioned hereinabove in granting the requisite permissions, as well as the order passed by this Court dated 13.08.2008 shall be strictly complied with.
4. Subsequently, vide an order dated 26th April, 2023, we had considered various aspects with regard to the activities to be permitted in Eco-Sensitive Zone, surrounding the boundaries of the National Parks, Wild Life Sanctuaries etc. In the said order, we had considered all the earlier orders passed by this Court right from 2005 with respect to ban on mining activities. After considering all those order(s), we had directed that no mining activities shall be permitted within an area of one kilometer from the boundary of the National Parks/Wild Life Sanctuaries.
5. The application has been filed by the present applicant under the perception that there is a conflict between the order dated 30th November, 2022 and the order dated 26th April 2023.
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6. This Court though had banned mining activities in National Parks/Wild Life Sanctuaries and the buffer zones, it had considered individual application filed by the present applicant(s). After considering the special circumstances, the Court on 13th August 2008 passed the following order:
“These matters relate to the diamond mining project at Panna (M.P.) The project area is failing within the Panna National Park/Wildlife Sanctuary. This project was examined by CEC and it has approved, subject to fulfillment of the following conditions:
(i) NPV as per the applicable rate will be deposited by NMDC for the 74.018 ha. Under tis possession and 70.202 ha. of forest land used for Earthen Dam;
(ii) 5% of the capital cost incurred on diamond mining project will be deposited for undertaking conservation and protection in the Panna National park & Panna (Gangao) Widlife Sanctuary;
(iii) A proper Mine Closure Plan, which includes reclamation and rehabilitation measures, will be drawn and implemented at the cost of the NDMC;
(iv) The notification dated 12.04.2006 issued by the appropriate authority will be withdrawn;
(v) A Monitoring Committee under the Chairmanship of the Chief Wildlife Warden with the Member Secretary, National Tiger Conservation Authority, Field Director, Panna National Park and a non-official Member of the National Board for Wildlife (to be nominated by the MoEF) as its members will be responsible for
(a) Approval of the mine closure Plan;
(b) Prescribing and Monitoring of various safeguards for operation of the mines;
(c) Approval and Monitoring of the annual work plan for utilization of funds received from the NMDC towards the NPV and 5% of the project cost.” We nominate Ms. Belinda Wright, as a non-official Member in the above said Monitoring Committee.
The above conditions are acceptable to the NMDC and the project is approved subject to fulfillment of the above conditions. Applications are disposed of accordingly.” 24
7. It could thus be seen that though mining activities were prohibited within the area of National Parks/Wild Life Sanctuaries, this Court taking into consideration the peculiar facts and circumstances existing in Panna National Park had granted a specific permission for continuing mining activities, however, subject to stringent conditions mentioned therein.
8. This Court also while permitting the application filed by the present applicant on 30th November, 2022 considered the order passed by this Court on 13th August, 2008. This Court considered that the M.P. State Wildlife Board had also granted Wild Life Clearances. It was also considered that the Standing Committee of National Board for Wildlife in its meeting dated 18th February, 2021 had also favourably considered the said proposal. This was, however, subject to the condition imposed by the Chief Wildlife Warden and National Tiger Conservation Authority.
9. After taking into consideration these aspects and further that the tiger population in the Panna Tiger Reserve had substantially increased, we had allowed the application.
10. We, therefore, find no conflict between orders dated 26 th April, 2023 and 28th April, 2023 are applicable Pan India. However, the orders dated 13th August 2008 and 30th November, 25 2022 are specific to the present project, taking into consideration the factors which was mentioned in both the orders.
11. It is further to be noted that as per orders passed by this Court on 13th August, 2008, the Mine Closure Plan has already been prepared and the mining activities will be closed by 2035 in a scientific manner.
12. The project proponent is one of the Navratna Corporations of the Government of India.
13. If the mining activities are abruptly stopped at this stage, the possibility of illegal mining of diamonds being carried out, cannot be ruled out.
14. It is rather in the national interest that the Government of India owned company is permitted to continue the activities in a scientific manner till the activities are closed.
15. In so far as the interest of environment and wild life is concerned, the Court has already directed that the activities shall be subject to the supervision of the Chief Wildlife Warden.
16. In that view of the matter, the application is allowed in terms of the prayer clause (a), which reads as under:
“Clarify that the direction contained in paragraph 65 of the order dated 26.05.2023 passed by this Hon’ble Court in W.P. No. 202 of 1995, will not apply to the mining operations of the applicant Diamond Mining Project, which is within the Gagau Wild Life Sanctuary, Panna Tiger Reserve, situated Majhgawan Mine, District 26 Panna at Madhya Pradesh.
I.A. Nos. 263809 and 263810 of 2023
1. Issue notice, returnable on 14.02.2024.
2. We request Ms. Aishwarya Bhati, learned Additional Solicitor General to accept notice on behalf of the Union of India and file its response before the next date of hearing.
3. Mr. Karan Sharma, learned counsel appearing for the State of Punjab accepts and waive notice.
I.A. No. 20650/2023 and 186910 of 2022 in Writ Civil No. 202 of 1995 and Contempt Petition(C) No. 319 of 2021
1. Heard-in-part.
2. For further arguments, list the application/matter tomorrow, i.e. 11.01.2024 (DEEPAK SINGH) (ANJU KAPOOR) COURT MASTER COURT MASTER (NSH)