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(2009) 16 Supreme Court Cases 775
K.G. BALAKRISHNAN, CJI., DR. ARJJJT PASAYAT AND S.H. KAPADIA, JJ.
T.N. GODAVARMAN THIRUMULPAD – Petitioner
Versus
UNION OF INDIA AND OTHERS – Respondents .
IAs Nos. 1868,2091,2225-27,2380 in WP (C) No. 202 of 1995 with IAs Nos. 2143, 2147-48, 2212, 2237-38, 2272, 2277, 2483-85, 2490-92, 2494-2510 in WP(C)No. 202 of 1995 and IAs Nos. 1535, 1616-17in IA No. 548 in WP (C) No. 202 of 1995
Decided on : February 6, 2009
[Para 4]
B. Wild Life Protection Act, 1972, Section 36 - Constitution of India, 1950, Articless 21, 48-A and 51-A(g) - Ecology - Game reserve - Town plainnig - Construction of indoor stadium in Siri Fort Sports Complex – Challenge to the construction on the ground of likely impact on ecological balance - Interim order passed - Dispute related to Town Planning aspects – Direction issued to appoint an expert in that field as one-man Commission – Further directed to examine various aspects of the matter - Report within three weeks - C.E.C. directed to arrange for his remuneration and conveyance.
ORDER
1. No forest matter be listed on 27-2-2009.
IAs Nos. 1868,2091,2225-27 and 2380
2. List on 27-3-2009.
IA No. 2143
3. List on 13-2-2009.
IAs Nos. 2147-48
4. Implead the Ministry of Railways, Union of India, through its Secretary and issue notice to them to consider the feasibility of having d underground or over ground passage, and whether the same passes through Rajaji National Park, Uttarakhand. List on 20-3-2009.
IAs Nos. 2212 and 2272
5. Heard the learned amicus curiae and the learned Additional Solicitor General and also other counsel appearing for the applicants. The matter relates to construction of an indoor stadium and other related matters in the e Siri Fort Sports Complex. As the dispute relates to the town planning aspects, Shri Charles Correa, an expert in this field, is appointed as a one-man Commission to look into the various aspects of the matters.
6. All the parties concerned may give him the terms of reference by Monday. The Registry will inform him of his appointment and CEC will f arrange for his remuneration and conveyance. We request him to give the report within a period of three weeks.
IAs Nos. 2237-38 and 2277
7. List on 20-2-2009. Meanwhile, copy of the order passed by the Delhi High Court shall be produced by the applicant.
IAs Nos. 2483-85, 2490-92 and 2494-2506
8. Issue notice to CEC. CEC to file its response/reply within a period of four weeks.
IAs Nos. 2507-08
9. The applications are dismissed as withdrawn for moving CEC.
IA No. 2509 in IA No. 1148
10. Learned counsel for the applicant seeks permission to withdraw the application. Permission sought for is granted. The application is dismissed as withdrawn.
IA No. 2510
11. CEC has filed its recommendations/report and the recommendations are acceptable to the applicant. Subject to fulfilment of the recommendations, this application is allowed.
IAs Nos. 1535, 1616-17 in 548
12. The applicant seeks permission to withdraw the application. The application is dismissed as withdrawn. The report of CEC be treated as a separate IA.
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