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2002 Supreme(SC) 891

(2009) 17 Supreme Court Cases 755
B.N. KIRPAL, CJI., K.G. BALAKRISHNAN AND ARIJIT PASAYAT, JJ.
T.N. GODAVARMAN THIRUMULPAD (53) - Petitioner
Versus
UNION OF INDIA AND OTHERS - Respondents
IA No. 756 in WP (C) No. 202 of 1995 with IAs Nos. 634-35 in WP (C) No. 202 of 1995, IAs Nos. 703, 301-82 in WP (C) No. 202 of 1995, IA No. 22 in WP (C) No. 171 of 1996, CP (C) No. 193 of 2001, IAs Nos. 773-74 in WP (C) No. 202 of 1995, IA No. 775 in 1A No. 669, 659 in WP (C) No. 202 of 1995, IA No. 421 in WP (C) No. 202 of 1995, IA No. 776 in IA No. 424 in WP (C) No. 202 of 1995, IA No. 777 in IAs Nos. 754-55 in WP (C) No. 202 of 1995, IAs Nos. 778-79 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 and IAs Nos. 791, 792 in WP (C) No. 202 of 1995
Decided on: September 9, 2002

Headnote:Environment (Protection) Act, 1986, Section 3(3) – Enviorment regsrding litigation - Central Empowered Committee directed to be constituted - Constitution of and functions of the same - Position in this regard stated.

       [Para 4]

ORDER

IA No. 756

1. Copy of the Bhure Lal Committee's Report be given to Mr V.B. Saharya who will file his response within three weeks.

2. To come up on 22-10-2002.

Report of the Central Empowered Committee [regarding IA No. 703 and IAs Nos. 301 to 382 in WP (C) No. 202 of 1995 and IA No. 22 in WP (C) No. 171 of 1996]

3. Adjourned to 22-10-2002. Last opportunity is granted to the States to respond to the recommendations. If no response is submitted, it will be presumed that the recommendations are acceptable to the States concerned. Mr Anis Suhrawardy, Advocate states that the State of Jammu and Kashmir accepts all the recommendations. Writ Petition (Civil) No. 672 of 1998 be also listed on 22-10-2002.

4. A draft of the proposed notification under Section 3(3) of the Environment (Protection) Act, 1986 constituting the Central Empowered Committee has been shown to the Court. According to the draft, the Committee is being constituted for a period of five years. The constitution of the Committee would be: (i) Shri P.V. Jayakrishnan, Secretary to the Government of India, Ministry of Environment and Forests as Chairman; (ii) Shri N.K. Joshi, Additional Director General of Forests, Ministry of Environment and Forests as member; (iii) Shri Valmik Thapar, Ranthambore Foundation as member; (iv) Shri Mahendra Vyas, Advocate, Supreme Court of India as member; and (v) Shri M.K. Jiwrajka, Inspector General of Forests, Ministry of Environment and Forests as Member-Secretary. They all are appointed in their personal capacity. A formal notification will be issued within a week. As and when this notification is issued, whatever functions and responsibilities had been given to the Empowered Committee will now be exercised by this statutory committee.

5. The monitoring report dated 5-9-2002 (p. 121 of the paper book) is received from the Central Empowered Committee. Notice is given to the Union of India and to the States concerned.

6. In IAs Nos. 276 and 566, issue notice returnable on 22-10-2002.

7. With reference to the query raised by the Central Empowered Committee as to whether they have to examine IAs Nos. 434, 435, 469,470, 475, 476, 490, 765-73 in WP (C) No. 202 of 1995, the Central Empowered Committee will examine these IAs notwithstanding the fact that Shri M.K. Jiwrajka is a member of the previous committee.

8. In IA No. 745 regarding murder of Sanjay Singh, it is stated that the widow of late Shri Sanjay Singh has been provided with an accommodation and the job will be given to her within two weeks: To come up for reporting this on 22-10-2002.

IA No. 778

9. Issue notice.

10. Mr Salve, learned amicus curiae accepts notice.

11. After hearing the counsel, we clarify that the claims for paymennt of subsidy received from various wood-based industries in respect of transport carried out prior to the date of this Court's order dated 7-5-20021 can be paid.

12. IA is disposed of.

Rest of the matters

13. Adjourned to 22-10-2002.

14. Kudremukh matter (IA No. 670) be listed on 23-9-2002.

Court Masters

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