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(2009) 17 Supreme Court Cases 776
IN THE SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, CJI., S.H. KAPADIA AND AFTAB ALAM, JJ.
T.N. GODAVARMAN THIRUMALPAD - Petitioner
Versus
UNION OF INDIA AND OTHERS - Respondents.
IA No. 941 in IA No. 754-55 with IAs Nos. 777, 1131-33, 1138-46, 1148, 1184, 1272, 1361, 1579-80 in WP (C) No. 202 of 1995 with WP (C) No. 356 of 2007, IAs Nos. 991, 1004, 1185, 1273, 1280, 1294, 1443, 1611, 2018, 2073, 2175, 2357 in WP (C) No. 202 of 1995, IA No. 979 in IAs Nos. 443, 1204, 1245, 1357, 2110, 2141, 2627-28 in WP (C) No. 202 of 1995, IAs Nos. 1362-63 in WP (C) No. 202 of 1995, IAs Nos. 2191-93, 2154 in IAs Nos. 2191-93 in WP (C) No. 202 of 1995, IAs Nos. 2202-03, 2601 in WP (C) No. 202 of 1995, IA No. 2211 in IAs Nos. 1424-25,2649 in WP (C) No. 202 of 1995, WP (C) No. 469 of 2005, IAs Nos. 2550, 2569, 2580 in WP (C) No. 202 of 1995, IAs Nos. 2668-69 in IA No. 2580 in WP (C) No. 202 of 1995
Decided on: August 21, 2009
B. Environment Protection - Mining - Applicant is having mining activities at Lalitpur, Uttar Pradesh - Mining area alleged to fall within the Choursil Reserved Forest - Dispute regarding the boundary of the forest area - State directed to identify the area - Guidelines have been issued as to how these areas are to be identified - Survey of India has conducted survey - Found that there was some discrepancy about the area of the Choursil Reserved Forest – Reported about some dispute regarding the boundary of this forest area - Portion of the area under mining, falling within the Choursil Reserved Forest has been found to be 1.79 ha. - Applicant intends to suggest measures to be taken in this regard - Applicant proposes to file representations to the CEC and to the amicus curiae - In case any representation is filed, the CEC will file a formal report on this application/representation.
[Paras 4 to 6]
C. Environment Protection - Mining - Applicant has been engaged in stone mining in Lalitpur, Uttar Pradesh - Suspected to be forest-like area - State directed to identify the area - Guidelines have been issued as to how these areas are to be identified - Applicant submits that the area for which he had sought permission for mining operations is outside the area identified as forest-like area by the State - State of Uttar Pradesh filed identification report - CEC has already filed a report - In view of the subsequent development, the CEC may file further report in this regard - Application filed by the applicant is referred to the CEC for report.
D. Environment Protection - Modification of Order - Matter relates to the construction of the Lower Subansiri Hydro Electric Project by NHPC - CEC examined the project the subject, its feasibility and importance - Made some recommendations - Pursuant to the order dated 21-7-2006, T.N. Godavarman Thirumulpad (103-A) v. Union of India,(2009), the matter was referred to the Standing Committee of the National Board of Wild Life - Affidavit filed by the Deputy Inspector General (Wildlife), Government of India dated 18-3-2009 putting the decision of the Board on record – Deposed that any proposal in the upper stream of Subansiri River would be considered independently on its own merit by the Standing Committee as and when submitted by the proponents and the State Government would declare 168 sq km of reserve forest as sanctuary and make serious efforts to bring an additional area of 332 sq km reserved forest under the category of conservation reserve in consultation with MoEF - Suggestion acceptable to the State Government and NHPC - IAs disposed of accordingly.
[Paras 11 to 13]
E. Environment Protection - 8.9738 hactors of forest land – Permission sought for user other than forest purpose - National Highways Authority of India seeks permission for use of forest land for construction of alternative alignment proposed from Bannihal Bypass, Jammu Province to Wagund, Kashmir Province to cross the Pirpanjal Ranges through a tunnel - CEC has examined the project the subject, its feasibility and importance - Approved the same subject to certain conditions - These conditions are acceptable to NHAI - Subject to fulfilment of the conditions, the project is cleared.
F. Environment Protection - Forests protection and maintenance - Application seeking permission for construction of road passing through the Changthang Cold Desert Wildlife Sanctuary - Ministry of Home Affairs seeking permission for the same - CEC has examined the subject, its feasibility and importance - Filed detailed report regarding same - CEC has requested the court to direct project authorities to strictly comply with the conditions on which the project has been recommended by the Chief Wildlife Warden, Jammu and Kashmir, Forest Department and the Standing Committee of NBWL – Further seek direction to deposit 5% of the project cost in the Compensatory Afforestation Fund - Conditions are acceptable to the applicant - Subject to that payment and observations of the conditions, the project is cleared.
[Paras 21 to 22]
ORDER
IA No. 1164
1. Taken on board. Rs. 300 crores deposited in this Registry along with accrued interest is directed to be transferred to ad hoc CAMPA on maturity.
IA No. 941 in IAs Nos. 754-55 with IAs Nos. 777, 1131-33, 1138-46, 1148, 1184, 1272, 1361, 1579-80 in WP (C) No. 202 of 1995 with WP (C) No. 356 of 2007
2. After this Court passed the order dated 10-7-2009 regarding closing of the sawmills in the State of Orissa, a large number of sawmills were closed. The State is of the view that for the sawmills appropriate location could not be found as many of the areas are covered by the definition of forest. Now the State has proposed and wants to set up industrial estate(s) for establishment of sawmills for which they require amendment of thl Orissa Saw Mills and Saw Pits (Control) Act, 1991.
3. In view of the statement made by the learned counsel for the State of Orissa, we direct that urgent steps may be taken in this direction at the earliest. Post on 20-11-2009.
IAs Nos. 991, 1004, 1185, 1273, 1280, 1294, 1443, 1611, 2018 and 2073, 2175.2357 in WP (C) No. 202 of 1995
4. The applicant is having mining activities at Lalitpur, Uttar Pradesh. It is alleged that this mining area was within the Choursil Reserved Forest. There was some dispute regarding the boundary of the forest area. The Survey of India has conducted survey and it is found that there was some discrepancy about the area of the Choursil Reserved Forest and there was also some dispute regarding the boundary of this forest area.
5. The portion of the area under mining, falling within the Choursil Reserved Forest has been found to be 1.79 ha. The applicant would like to make some submissions as to what measures should be taken in this regard.
6. The applicant proposes to file representations to the CEC and to the amicus curiae. In case any representation is filed, the CEC will file a formal report on this application/representation.
7. List on 9-10-2009.
IA No. 979 in IAs Nos. 443, 1204, 1245, 1357 and 2110, 2141, 2627-28 in WP (C) No. 202 of 1995
8. The applicant has been engaged in stone mining in Lalitpur, Uttar Pradesh. It was suspected that this area fell under the forest-like area and the State was requested to identify whether this area is forest-like area and that d exercise has been done by the State of Uttar Pradesh. Now, guidelines have been issued as to how these areas are to be identified.
9. The applicant submits that the area for which he had sought permission for mining operations is outside the area identified as forest-like area by the State. The CEC has already filed a report. In view of the subsequent development, the CEC may file further report in this regard. The e application filed by the applicant is referred to the CEC for report. List on 9-10-2009.
IAs Nos. 1362-63 in WP (C) No. 202 of 1995
10. The order passed by this Court on 10-7-20091 is varied to the following extent.
11. By these interlocutory applications, the applicant seeks modification of this Court's order dated 19-4-20042 passed in IAs Nos. 966 and 1012. The matter relates to the construction of the Lower Subansiri Hydro Electric Project by NHPC. The CEC made some recommendations. Pursuant to the order dated 21-7-20063 the matter was referred to the Standing Committee of the National Board of Wild Life. An affidavit is filed by the Deputy Inspector General (Wildlife), Government of India dated 18-3-2009 putting the decision of the Board on record.
12. It is stated that any proposal in the upper stream of Subansiri River would be considered independently on its own merit by the Standing Committee as and when submitted by the proponents and the State Government would declare 168 sq km of reserve forest as sanctuary and make serious efforts to bring an additional area of 332 sq km reserved forest under the category of conservation reserve in consultation with MoEF.
13. This suggestion is acceptable to the State Government and NHPC and IAs are disposed of and Conditions (ii) and (vii) are substit
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