ORDER

IAs Nos. 1595-96 in WP (C) No. 202 of 1995

1. On the request of the learned counsel for the applicant, Ministry of Environment and Forests is impleaded as Respondent 3. Copy of the application has been given to Mr A.D.N. Rao, learned counsel. On behalf of Respondents 1 and 2, Mr J.K. Das, learned counsel, accepts notice.

IA No. 1597 in WP (C) No. 202 of 1995

2. In substance, the application seeks modification of the order dated 24-3-2006. It records the statement of the learned counsel for the applicant, inter alia, to the effect that the applicant, on being informed about the payment of NPV by the Ministry of Environment and Forests, will pay the same and for the balance amount, will give an undertaking.

3. Though the applicant, it is stated, has not been informed about the amount of NPV but from the communication dated 27-3-2006 of the Divisional Forest Officer, it seems that NPV being sought for is Rs 1515.898 lakhs. In view of the peculiar circumstances explained, at present, the applicant may pay rupees thirty crores instead of paying the amount informed by the Ministry of Environment and Forests. To this extent, the order dated 24-3-2006, shall stand modified.

IAsNos.1214-15 in WP (C) No. 202 of 1995

4. As prayed by the learned counsel, the State of Bihar is granted four weeks' time to respond to the recommendations of the Central Empowered Committee.

IAs Nos. 1291-92 in WP (C) No. 202 of 1995

5. As prayed by the learned counsel for the State Government, four weeks' time is granted to file response to the recommendations of the Central Empowered Committee.

IAs Nos. 1469-70 in WP (C) No. 202 of 1995

6. We grant the permission, as sought, for dereservation of 0.84 ha of forest land under the Deer Wildlife Sanctuary situated between Gouri Kund and Ram Bada for widening of route of about seven kilometres to the extent it falls in the Wildlife Sanctuary, subject to the applicant complying with Conditions 1 to 6 in the report of the Central Empowered Committee dated 57-2006. The applicant State Government has agreed to abide by those conditions.

7. The State Government would also expedite preparation of integrated infrastructure development plan, as recommended/suggested in Condition 7 and file the same before the Central Empowered Committee, Ministry of Environment and Forests and this Court. The application is disposed of accordingly.

IA No. 1354 in IA No. 1154 in WP (C) No. 202 of 1995

8. The Central Empowered Committee, in its report dated 6-7-2006, has recommended an alternate route than the one in respect whereof Ministry of Defence has sought permission. The proposed alternate route is shown in "Blue" colour at p. 24 of the report.

9. In the affidavit of Lt. Col. S.S. Vats filed on 24-3-2006, it is stated that h despite the constraints, the Army is willing to settle for the development of road OKSRT as a viable alternative. That alternative is what is shown in "Blue" colour. Mr Rajiv Dutta, learned Senior Counsel, states that Army is prepared to undertake the proposed alternate route suggested by the Central Empowered Committee. Therefore, the recommendation in Para 22(i) is a accepted.

10. The Central Empowered Committee, in Paras 22(ii) and (iii) has recommended for setting up of a Task Force to assess the extent of damage caused in road construction in violation of the order of this Court. In principle, it is acceptable to the Ministry, as per the submission of Mr Dutta, but the learned counsel submits that the Ministry would like to file its b response to this suggestion.

11. Let the response be filed within four weeks. Thereafter, appropriate orders for setting up of the Task Force will be made. The Ministry of Defence shall take requisite permission from authorities before undertaking the work.

IA No. /358 in IA No. 992 in WP (C) No. 202 of 1995

12. The learned counsel for the applicant states that Bilashipara is about fifty kilometres away from the residence and carrying timber from Dhubri to Bilashipara and back