Item No. 301: IA Nos. 128-129 & 144:
1. As prayed, four weeks' time is granted to file report of National Board for Wild Life.
2. List immediately thereafter.
Item No. 302: IA Nos. 3051-3053:
3. List these I.A.s after four weeks.
Item No. 303: IA No. 925 with C.P.(C) No. 193/2001, IA No. 1127 in 925 and IA No. 4 in C.P.(C) No. 193/2001:
4. Post these I. As after two weeks.
5. Learned Counsel appearing for the state of Tamil Nadu would take instructions in the meantime.
Item No. 304: IA Nos. 3094-3095:
6. Post these I. As after three weeks.
Item No. 305: IA Nos. 3047-3048:
7. Post these I. As after four weeks.
Item No. 306: IA No. 2066 @ CP(C) No. 133/2007:
8. Central Empowered Committee is directed to file its report within four weeks.
9. Post this I.A. after four weeks.
Item Nos. 307 to 312: IA Nos. 2902-2903, 2904-2905, 2906-2907, 2908-2909, 2910-2911 and 2935-2936:
10. Issue notice.
11. Mr. Haris Beeran, advocate accepts notice on behalf of Ministry of Environment and Forest and Mr. Shibhashish Mishra, advocate accepts notice on behalf of State of Orissa.
12. Mr. H.P. Raval, learned Additional Solicitor General appearing for the applicants submits that the application u/s 2 of the Forest (Conservation) Act, 1980 is pending consideration since 2008 onwards after its re-submission. He further submits that subsidiaries of Coal India Limited are operating all the mines in question and the entire N.P.V. payment has already been deposited.
13. In the facts and circumstances, the license already granted to the applicants stands extended by one month.
14. The notices dated 14.6.2010 and 24.6.2010 issued by the Divisional Forest Officer, Sambalpur North Forest Division, Sambalpur shall stand stayed for a period of four weeks.
15. Post these I. As. after two weeks.
Item No. 313: IA Nos. 1267-1268 and 1395:
16. These applications have been preferred by the applicant contending that undue favour has been shown to M/s. Hill Trade Agencies and its sister concerns by North Cachar Hills Autonomous Council in respect of harvesting of bamboo from forest areas under its administrative control.
17. The applicant made a prayer in these applications to initiate inquiry into various allegations made in the I. As.
18. Under directions given by this Court, Central Empowered Committee has submitted its report.
19. It is stated in the report of Central Empowered Committee that the applicant has not been able to provide any material document to establish that the Council has violated this Court's orders, the Forest (Conservation) Act, relevant State Government's Act or any other rules or Regulations governing felling and transportation of bamboo. It is further stated in the report that this application was filed to further the business interest of a third party.
20. Considering the facts and circumstances of this case and the view expressed by the Central Empowered Committee, we find no reason to further prosecute this matter. These applications lacks merits and, therefore, stand dismissed. However, we would like to give a direction to the State Government to take note of the observations made by the Central Empowered Committee in para 12 of its report and to take suitable action according to law.
21. Applications are, accordingly, dismissed.
Item No. 314: I.A. No. 1421 in 703:
22. This application has been filed by the State of Arunachal Pradesh seeking permission of this Court to de-reserve 134.2 sq. km of Deopani Reserve Forest in Arunachal Pradesh in lieu of 163 sq. km. of dense forest area as Senzen Reserve Forest and also for the consequential relief.
23. A detailed report has been filed by the Central Empowered Committee. The recommendations of the C.E.C. are given in para 16 which we extract hereunder:
Keeping in view that (a) the extenuating circumstances under which the encroachment has taken place sixty years ago (b) these are eligible for regularization in terms of the MoEF's guidelines dated 18.9.1990 and exempted from the payment of the NPV pursuant to this Hon'ble Court's orders dated 28.3.2008 and 9.5.2008 (c) in lieu of the forest land to be deserved in the present case, an area of 163 sq. Kms of dense/very dense forest have been notified as Senzen Reserved Forest and (d) the MoEF has granted 'in principle approval' for the proposal, it is recommended that this Hon'ble Court may consider permitting de-reservation of 134.20 sq. Kms. of Deopani Reserved Forest in the Lower Dibang Valley Project, District Roing, Arunachal Pradesh for regularisation of pre-1980 encroachments subject to the condition that formal approval under the FC Act for regularization of encroachments and de-reservation of Reserved Forest will be obtained.
24. On the recommendations of the Central Empowered Committee, this application is allowed in terms of the prayer made therein.
Item No. 315: I.A. Nos. 2741-2742:
25. Due to lapse of time, the prayer made in these applications does not survive.
26. I. As. are, accordingly, dismissed.
Item No. 316: I.A. Nos. 2228-2229, 2575-2576, 2577-2578:
27. At the request of Mr. Ranjit Kumar, learned senior counsel appearing for the applicant, list these I. As. on 16.9.2011.
Item No. 317: I.A. Nos. 3127-3128:
28. At the request of Learned Counsel appearing for the applicant, post these I. As. next week.
Item Nos. 318 to 320: I.A. No. 5 in SLP(C) No. 20154/11, IA No. 3 in SLP(C) No. 21461/11 and IA Nos. 26-27 in SLP(C) Nos. 21463-21464/11.
29. Post these I. As. after four weeks.
30. In the meantime, applicants are directed to take steps to serve the unserved Respondents through dasti.
31. Interim order dated 15.7.2011 to continue for a further period of four weeks. Item No. 321: I.A. Nos 1287, 1570-1571, 1624-1625, 1978, 2395, 2795-2796:
32. As prayed, written submissions to the report of Ministry of Environment and Forest maybe filed by learned Amicus Curiae before 16.9.2011. Applicants are also permitted to file their response to the report filed by Ministry of Environment and Forest before 16.9.2011
33. List these I. As. on 16.9.2011.
Item No. 322: I.A. No. 972 in IA 757, 1042-1045, 2949 in 757 and IA No...in IA No. 757:
34. Mr. Sushil Kumar Jain, Learned Counsel appearing for the applicant resumed his arguments at 3. p.m. and was on his legs when the Court rose for the day leaving the matter as part-heard.
35. List on 16.9.2011 as part-heard. Item Nos. 323 to 326:
36. Not taken up today.
