@JUDGMENTTAG-ORDER
MM-1
1. List the matter next Friday.
MM-2
2. List the matter before appropriate Bench.
Item No. 301
3. Adjourned to enable the Ministry of Environment & Forest to produce the order dated 12th April, 2010 of National Board for Wild Life.
4. List the matter next Friday.
Item No. 302
5. Time extended for four months from today, as prayed.
Item No. 303
6. Four weeks'' time is granted, as prayed.
7. List after two months.
Item No. 304
8. Serve notice on the Standing Counsel, Mr. G. Prakash, for the State of KeralA.
9. List after two weeks.
Item No. 305
10. On the request of the Learned Counsel for the Petitioners, the matter is adjourned so as to permit the CEC to examine whether the petition is covered by order dated 23.11.2001 in I.A. No. 703 in W.P. 202/1995.
11. List the matter after four weeks.
Item No. 306
12. List the matter for final hearing.
Item No. 307
13. Application filed by the State of Rajasthan seeking permission for the construction of missing link of National Highway No. 11A was considered by the Standing Committee of NBWL, in its meeting held on 17th July, 2009 and resolved as below:
Diversion of 4.17 hac of forest land from Janwa Ramgarh Wildlife Sanctuary for Construction of missing link of National Highway-11 (Dausa-Manoharpur), Rajasthan. In this connection, a site inspection was made by Dr. Divyabhan singh Chandra, Member, and Dr. Anmol Kumar, DIG (WL). The site inspection report had been circulated to all the members. Member Secretary informed that the inspecting team has recommended the proposal subject to three conditions i.e. Compliance of all the conditions envisaged by CWLW in his recommendation; Appropriate action against the erring official of the PWD who have violated the Wildlife (Protection) Act, 1972, and direction of the Hon''ble Supreme Court by undertaking construction on Highway without necessary clearances; and, obtain approvals under the Forest (Conservation) Act, 1980, and of Hon''ble Supreme Court in the matter.
The Committee unanimously approved the recommendations of the inspecting team subject to conditions envisaged by CWLW in its recommendation.
14. The decision is reflected in the Annexure-Al letter dated 27.7.09 of MoEF and the same has been approved.
15. The LA is, therefore, allowed in accordance with the directions given by National Board for Wild Life in 15th Meeting held on 17th July, 2009.
Item No. 308
16. I.A. No. 2920 of 2010 is allowed.
Item No. 309
17. In view of the decision taken by the Standing Committee in National Board for Wild Life in 13th meeting held on 12th January, 2009 and 16th meeting held on 7th October, 2009, I.A. No. 2857/2010 filed by the State of Rajasthan is allowed.
Item No. 310
18. Learned Amicus Curiae, Shri P.S. Narasimha submitted that issue relating to Aravali Forest Land is pending for consideration before the First Forest Bench and hence, this matter be tagged with Aravali Batch.
19. Be listed before the First Forest Bench.
Item No. 311
20. Mr. Kalu Ram Yadav, Driver/Hawaldar was alleged to have transported illegally timber in a Police vehicle and a case was charge-sheeted against him, but was acquitted of that charge by order dated 4.12.2004 passed by the Chief Judicial Magistrate, Demoh in Crl. Case No. 1585 of 2002. No appeal has been preferred against the said order and the same has attained finality.
21. Therefore, the I.A. has become infructuous and the same is dismissed.
Item No. 312
22. List the matter after four weeks.
Item No. 313
23. Perused the Report of the CEC in Application No. 1246/2010. Application was preferred seeking permission for transportation and the use of the Mapia Foetida (a medicinal plant) planted on non-forest land falling within the boundary of the Koyna Wildlife Sanctuary. Principal Chief Conservator of Forest (Wildlife), Maharashtra Forest, raised no objection in issuing transit passes. Report of the CEC dated 11.5.10 is accepted and the application is disposed of as prayed for.
Item No. 314
24. Learned Counsel appearing for the Municipal Council referred to Annexure A-5 letter dated 26.10.2010 of the Ministry of Environment & Forest, (Wildlife Division) addressed to the Chief Wildlife Warden and submitted that the council has some objection with regard to sub-paragraphs (iii) and (v) of paragraph 1 of that letter. If that be so, it is open to the Municipal Council to move the Ministry of Environment and Forest, and in turn, MoEF may vary the conditions, if so warranted.
25. Perused the report of the CEC dated 20.4.11 and permission is accorded to use of 1.241 hectares of forest land falling in Madhav National Park for laying of the underground pipeline for supply of drinking water to Shivpuri town, Madhya Pradesh subject to the conditions enumerated in paragraph 6 of the report of the CEC.
26. This IA is disposed of in the above terms.
Item No. 315 (I.A. No. 2637 of 2009)
27. Application is disposed of giving liberty to the applicants to approach the Notified Authority under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and it is for the Notified Authority to consider their applications and to take appropriate decisions in accordance with law.
28. Petitioners, if so advised, may also approach the State Legal Services Authority for legal assistance.
29. Application is disposed of accordingly.
Item No. 316
30. Perused the report of the CEC dated 26.2.2010. Learned Amicus Curiae submitted that the applicant had earlier moved the application No. 1025 in respect of the same project which was allowed by this Court on the basis of the report of the CEC dated 28.9.2007. This application is accordingly disposed of incorporating me following conditions:
(i) Approval under the Forest (Conservation) Act for the use of the forest land will be obtained and the stipulated conditions including the condition regarding the payment of the NPV will be complied with;
(ii) the conditions laid down by the Chief Wildlife Warden for carrying out of the work of the Ratapani Wildlife Sanctuary will be strictly complied with.
Item No. 317
31. Applications are allowed with a direction to the applicant to approach the National Board for Wild Life for appropriate directions under the Wildlife Protection Act, 1972.
32. List the matter after four months.
Item No. 318
33. We find no reason to entertain this SLP, which in our view is an abuse of the process of this Court. Petitioner was not a party before the High Court and has approached this Court directly and obtained an interim stay of the judgment, which the parties to that judgment could not get so far. Further, the same issue is pending consideration in four other SLPs before the First Forest Bench, where cases relating to mining are dealt with.
34. Petitioner, if so advised, may move for impalement in SLP No. 19305 of 2010 and connected matters.
35. Permission to file the SLPs is rejected.
36. Contempt Petition (C) No. 252/2011 is not entertained.
Item No. 319
37. List after two weeks.
Item No. 320
38. Parties in person appeared.
39. Prayer of the applicants in the application is for a direction to MoEF to consider the suggestions given by the applicants in their two representations dated August 27, 2010 and October 15, 2010 and also to hold up the study conducted by AHEC, IIT, Roorkee.
40. Prayer is over-ambitious and cannot be granted. MoEF, if so inclined, examine suggestions made by the applicants. The Applications are disposed of as above. Item No. 321
41. Issue notice returnable within three weeks.
Item No. 322
42. I.A. Nos. 2792-2793 are allowed in terms of the conditions enumerated in the Report of the CEC dated 19.1.2011.
Item No. 323:
43. I.A. No. 2783 of 2009 is allowed in terms of the Report of the CEC dated 18th January, 2010, subject to the fulfillment of the conditions imposed by NBWL reflected in the letter of MoEF dated 27.7.09.
Item No. 324:
I.A. Nos. 2974 and 2980 of 2010
44. I.A. Nos. 2974 and 2980 of 2010 are allowed following the order of this Court in I.A. Nos. 2968 and 2970 dated 14.3.11, by which this Court has permitted relocation of the saw mills of the applicant and other wood based industries in (a) industrial areas notified by the U.P. Government/ Government of India and (b) Nagar Nigam Area (Municipal Corporation) Areas irrespective of the distance of such areas from the nearby forest in the State of U.P. The report of the CEC dated 20.4.11 has stated that the applicant''s saw mill is also covered by the above mentioned order.
45. After hearing the counsel and the amicus curiae, we are inclined to allow the applications following the order of this Court dated 14.3.11.
I.A. No. 2975 of 2010
46. This application is also allowed.
Item No. 325
47. Adjourned for a week.
Item No. 326
48. Application is allowed in terms of the recommendations of the CEC dated 20th April, 2011 subject to the condition incorporated therein.
Item No. 327
49. Permission to file SLP granted.
50. Issue notice. In addition dasti notice.
51. State to file Counter Affidavit within four weeks.
52. Meanwhile, there shall be stay of dispossession and demolition of the buildings of the Petitioners for a period of two months.
53. Application for deletion of Proforma Respondents in SLP(C) Nos. 17313-17314 of 2011 is allowed at the risk of the Petitioner.
Item No. 328
54. List the matter after four weeks.
Item No. 329
55. Sandalwood matters would be taken up for hearing next Friday.
56. Parties to get ready on that day.
Item No. 330
57. List the matter next week.
Item No. 331
58. List the matter after four weeks.
Item No. 332
59. List the matter next Friday.
Item No. 333
60. List the matter after four weeks.
