(2009) 17 Supreme Court Cases 764
Y.K. SABHARWAL AND ARUIT PASAYAT, JJ.
T.N. GODAVARMAN THIRUMULPAD (60) - Petitioner
Versus
UNION OF INDIA AND OTHERS Respondents - Respondents
IA No. 756 in WP (C) No. 202 of 1995 with CP (C) No. 193 of 2001 in WP (C) No. 202 of 1995, IAs Nos. 773-75, 421 in WP (C) No. 202 of 1995, IA No. 777 in IAs Nos. 754-55 in WP (C) No. 202 of 1995, IA No. 779 in IA No. 502 in WP (C) No. 202 of 1995, IA No. 788 in WP (C) No. 202 of 1995, IAs Nos. 789-90 in IA No. 757 in WP (C) No. 202 of 1995, IA No. 824 in WP (C) No. 202 of 1995, IA No. 833 in IA No. 828 in WP (C) No. 202 of 1995, IAs Nos. 834-35 in IA No. 28 in WP (C) No. 202 of 1995, IAs Nos. 837-38 in IA No. 828 in WP (C) No. 202 of 1995, IA No. 839 in IA No. 828 in WP (C) No. 202 of 1995 and IA No. 840 in IA No. 828 in WP (C) No. 202 of 1995
Decided on: December 9, 2002
ORDER
IA No. 756
1. Despite the last two orders DDA has not filed response to this application. We grant last opportunity and direct DDA to tile its response within four weeks. List thereafter.
CP No. 193
2. To come up on 16-12-2002.
IA No. 773
3. From the submission made by the learned counsel, it appears that the order has been worked out, the IA is disposed of.
IA No. 774
4. Let copy of the application be sent to the Central Empowered Committee. List after receipt of response from the said Committee.
IA No. 775
5. On request of Mr Mukul Rohatgi, learned Additional Solicitor General the IA is adjourned for three weeks. List after reopening in the year 2003.
IA No. 421
6. The submission of the learned counsel for the applicant is that pursuant to and in compliance with the order dated 1-5-2000 passed in T.N. Godavarman Thirumulpad (35) v. Union of India, a representation for reconsideration was filed with HPC. However, by an order dated 7-6-2001, that representation has not been considered for want of deposit of 50% of the penalty. The said order, inter alia, states that the unit should deposit 50% of the penalty within 60 days. Subsequent order for deposit of the 100% penalty was passed on 1-3-2002/4-3-2002. We are of the view that the representation of the petitioner deserves to be considered without insisting upon deposit of any part of penalty amount. Let it be now considered by HPC. We hope, the representation would be decided within a period of eight weeks. Accordingly, IA is adjourned.
IA No. 777 in IAs Nos. 754-55
7. Respondents 1 and 2 are represented. Let notice issue to Respondents 3 to 14 returnable after four weeks. On application of Mr Panjwani, we also implead as parties the sawmills mentioned in Annexure R-I to the application for vacation of stay tiled by M/s Lingaraj Saw Mill. Notice shall issue to them as well. Mr Panjwani will file amended cause-title within one week. Interim order dated 7-5-20022 would also operate against th'e sawmills impleaded in terms of this order. List the IA after four weeks.
IA No. 779
8. For the reasons stated in the application, the stock of veneer and plywood with the plywood industries functioning in the Andaman and Nicobar Islands as mentioned in the affidavit dated 21-10-2002 is permitted to be moved. The stipulation regarding movement in the order dated 7-5-20022 would not apply to the said stock. IA is disposed of accordingly.
IA No. 788
9. Request of adjournment is made on behalf of the State of Sikkim. List the IA after four weeks.
IAs Nos. 789 and 790 in IA No. 757
10. On request of Mr Rohatgi, learned Additional Solicitor General, list the IAs after four weeks. We hope that within that period, the report will be finalised.
IA No. 824
11. Some of the States and Union Territories have still not responded. As a last opportunity, they are granted four weeks' time for the said purpose. List for hearing on 17-1-2003 at 2.00 p.m. Hearing will continue on Monday, 20-1-2003 and if necessary, thereafter from day to day.
IA No. 833
12. By order dated 29-10-20023, the Chief Secretaries of the States of Haryana and Rajasthan were directed to ensure that no mining activity in the Aravalli Hills is carried out especially, in that part which has been regarded as forest area or protected under the Environment (Protection) Act. The said order prohibited and banned all mining activities in the entire Aravalli Hills. The Chief Secretaries have not filed the compliance report. We direct the same to be filed within three days. List the application on 16-12-2002. In the meanwhile, the Central Empowered Committee may respond to the application.
13. The applicant is permitted to amend the application.
IAs Nos. 833-35, 837-39 and 840
14. All the IAs to come up on 16-12-2002.
Court Masters
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.