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(2010) 13 Supreme Court Cases 748
SUPREME COURT OF INDIA
Y.K. SABHARWAL, C.J. AND ARIJIT PASAYAT AND S.H. KAPADIA, JJ.
T.N. GODAVARMAN THIRUMULPAD -Petitioner
Versus
UNION OF INDIA AND OTHERS -Respondents
IAs Nos. 203, 208-10, 241-42, 245, 268-72, 288-90, etc. in WP (C) No. 202 of 1995, etc.
Decided on : April 28, 2006
(b) Environmental and Wildlife laws – Urgent repairs of Gangao Dam situated in Panna Tiger Reserve, M.P. – Conditional permission granted. (Para 5)
(c) IA No. ... in IA No. 703 of 2000 (filed by amicus curiae in Court):
Forest laws – Encroachment of forest land – CEC directed to look into and file report – Meanwhile State not to interfere with removal of encroachments. (Para 10)
(d) IA No. 203; 210, 270-72 and 288-90:
Administration of Justice – IA dismissed for non prosecution. (Para 11, 15)
(e) IAs Nos. 208-09; 1557-58:
Administration of Justice – CEC may hear applicant afresh and make recommendations. (Para 12, 14)
(f) IAs Nos. 1560-61, 1562-63, 1564-65:
Administration of Justice – In view of the order passed in IAs Nos. 208-09, these IAs are disposed of. (Para 13)
(g) IAs Nos. 1516, 1541 to 1556:
Forest laws – CEC to examine and report – Meanwhile CEC may permit applicants to operate the saw plant. (Para 17)
(h) IA No. 1535:
Forest laws – CEC as also State of Rajasthan to file responses within four weeks. (Para 18)
(i) IAs Nos. 1539 and 1540:
Administration of Justice – To be listed after the pronouncement of judgment in Contempt Petition (C) No. 83 of 2005. (Para 20)
(j) IA No. 1348 in IA No. 1036:
Administration of Justice – Adjourned for four weeks. (Para 21)
(k) IAs Nos. 1378-80 in IAs Nos. 1246-47:
Administration of Justice – Seeking permission for withdrawal – Applicant directed to file an affidavit as to what led the applicant to file the application and what is the reason for seeking its withdrawal – Four weeks time. (Para 22)
(l) IA No. 1349 in IAs Nos. 1246-47:
Forest and Mining laws – MoEF as also State Government to file affidavit within four weeks. (Para 23)
(m) IA No. 1350:
Administration of Justice – In absence of any response to recommendations of CEC the same accepted – IA disposed of. (Para 25)
(n) SLP (C) No. 18973 of 2005:
Administration of Justice – Substitution – Respondent reported to have expired – Counsel for State of Manipur seeking time to take steps to bring the legal heirs on record – IA adjourned. (Para 26, 27)
(o) WP (C) No. 498 of 2003:
Administration of Justice – List after the summer vacation. (Para 28)
ORDER
Recommendation of CEC regarding exemption from payment of NPV for relocation of villagers from national parks/sanctuaries
1. The report of the Central Empowered Committee (CEC) dated 28-4-2006 is taken on board. It shall be registered and numbered as an IA.
2. Considering the report, we direct that subject to final orders that may be passed on the report of the Expert Committee constituted in IA No. 566 regarding NPV, the Ministry of Environment and Forests (MoEF) may approve diversion of forest land under the Forest (Conservation) Act for relocation of villagers from national parks/sanctuaries without, for the present, payment of NPY.
3. The application should come up along with the report of the Expert Committee.
CEC Report regarding permission sought by the Uttar Pradesh Irrigation Department for urgent repairs of Gangao Dam situated in Panna Tiger Reserve, M.P.
4. The report of CEC is taken on board. It shall be registered and numbered as an IA.
5. We have perused the report of CEC dated 27-4-2006 regarding the repairs of Gangao Dam situated in Panna Tiger Reserve, M.P. We grant permission to carry out repairs of the said dam located within the Panna Tiger Reserve subject to the following safeguards/conditions:
(i) The labour camp will be located outside the PTR/forest area in Village Bhusor or at any other convenient place approved by the FD, PTR. As far as possible only local unskilled labourers will be used from the villages around the PTR. Adequate arrangement for the supply of fuel wood from outside the boundary of the PTR to the labourers in the camp shall be made.
(ii) The repairs of the existing road will be undertaken as per the specification approved by the Field Direction, PTR. In no case, black topping of the road will be permitted.
(iii) Felling of trees, blasting of any type, digging of soil, or removal of stone from the PTR/adjoining forest area shall not be permitted.
However, salvaging of stones from the damaged structure and use of silt obtained by de-silting the reservoir may be permitted by the FD, PTR.
(iv) The details of the staff, the number of unskilled/skilled labourers, vehicles, machinery, etc. to be used in the repair works along with the time-frame for the repair will be made available in advance to the FD, PTR for his 'approval.
(v) The repair works shall be carried out only between dawn to dusk.
There shall be no movement of vehicles during the night.
(vi) For regulating the movement of vehicles, staff, labourers, etc. and to control poaching in the impact area of the PTR, the construction of the boundary wall along with the entry gate, a forest post, appropriate anti-poaching measures, fire patrolling, etc. will be undertaken at the cost of the user agency. The funds for this purpose, not exceeding Rs. 10 lakhs, will be made available by the project authorities to the FD, PTR.
(vii) In case of violation of any of the above conditions, the project work will be liable to be suspended by the FD, PTR, with prior 'approval of the Chief Wildlife Warden, Madhya Pradesh Forest Department.
Qua carrying out the aforesaid repairs, for the present, it would not be necessary to impose/pay 5% of the project cost.
6. According to the report, following heavy rains and floods during the year 2005-July 2005-parts of the dam got damaged which require immediate heavy repairs. The nature of the repairs required are mentioned in the report. The Uttar Pradesh Government is directed to file an affidavit as to what steps were taken from July 2005 for carrying out the repairs and why till date repairs have not been effected. The affidavit shall be filed within four weeks.
7. List the IA in the month of August 2006.
IA No. ... in IA No. 703 of 2000 (filed by amicus curiae in Court)
8. The IA is taken on board.
9. Issue notice to the State of Kerala. On behalf of the Union of India, Mr A.D.N. Rao, learned counsel, accepts notice.
10. CEC would look into the matter and file its report, particularly, in respect of what has appeared in T
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