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(2010) 14 SCC 537
IN THE SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, CJI., DR. ARIJIT PASAYAT AND, S.H. KAPADIA, JJ.
T.N. GODAVARMAN THIRUMULPAD
Versus
UNION OF INDIA AND OTHERS
IAs Nos. 2164-70, 2319 in IAs Nos. 1413-14, 1426, 1428, 1454, 1459-60, 1662-63,1768,1675,1778,2005-06,2133,2216-18, 2222, 2232-33, 2291-94, 2298, 2304-07, 2329-32, 2336, 2344-45, 2351 in IA No. 1413 in WP (C) No. 202 of 1995, IAs Nos. 828, 833-35, 837-38, 846-47,893-94,901-04, 131O-13lOA in IA No. 833 in IAs Nos. 828, 1329-32, 1450-52 in IAs Nos. 1310,2086 in IAs No. 1329-30 in IA No. 1310 in WP (C) No. 202 of 1995, SLP (C) No. 3353 of 2003, CAs Nos. 7363-65 of 2000, SLP (C) No. 6419 of 2008, IAs Nos. 1381, 1429, 1519-20, 1652-54, 1782-83, 1812, 1995-96, 1998-99, 2014, 2120 in WP (C) No. 202 of 1995, IA No. 1421 in IA No. 703 in WP (C) No. 202 of 1995, 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, WP (C) No. 356 of 2007, IAs Nos. 1865, 2059, 2000-2000A, 2147-50, 2153-2154 in WP (C) No. 202 of 1995, IA No. 2245-46 in IA No. 1620 of 2006 in IA No. 566 of 2002 in WP (C) No. 202 of 1995, IA No. 2287-88 in WP (C) No. 202 of 1995, IA No. 2342 in IA No. 2119 in IA No. 1483 in IA No. 548 in WP (C) No. 202 of 1995, IAs Nos. 2306-07 in IA No. 1785 in WP (C) No. 4677 of ] 985, IA No. 2198 @ CP No. 125 of 2006 in IA No. 1785 in WP (C) No. 4677 of 1985, IA No. D58737 in WP (C) No. 4677 of 1985, IAs Nos. 1-3 in SLP (C) No ...
(CC No. 11166 of 2008) and IA No. 2378 in IA No. 2164 in WP (C) No. 202 of 1995,
Decided On : September 26, 2008
Practice and procedure – Adjourned till 7-11-2008. (Para 1)
(b) IA No. 2164 (1 st Report of CEC)
Forest and Mining laws – Mining in forest areas of Kanker district, Chhattisgarh – CEC first report directed to be made available to DGF – DGF to pass appropriate orders within six weeks – IA desposed of. (Para 2, 3)
Renewable Energy and Forest laws – Requirement of forest land for wind power project – MoEF to CEC first report and pass appropriate orders within six weeks – IA disposed of. (Para 4, 5)
(c) IA No. 2378
Mining and Forest laws – In view of report of CEC and recommendations of IAC proposal of M/s Orissa Mining Corporation Ltd. for coal mining allowed – IA No. 2378 allowed. (Para 6)
Mining and Forest laws – Case for mining of iron ore of Abubaker in Bellary District in Karnataka – Adjourned to 7-11-2008. (Para 7)
(d) IAs Nos. 2304-05 and remaining cases of 1st Report of CEC
Practice and procedure – Adjourned till 3-10-2008. (Para 8)
(e) IAs Nos. 2165-66
Judicial review – No further orders required – IAs disposed of. (Para 9)
(f) IA No. 2167 (4th Report of CEC) – Human River Project
Practice and procedure – Adjourned till 3-10-2008. (Para 10)
(g) IA relating to coal mining at Amelia (North Coal Block) – Adjourned till list on 3-10-2008.
(h) IA relating to coal mining in Amelia Coal Block by MPSMCL in Sidhi District, M.P.– Adjourned till 7-11-2008. (Para 11)
(i) IA relating to diversion of 125 ha of forest land for iron ore mining in favour of M/s Tungbhadara Minerals (P) Ltd., Hospet, Bellary District, Karnataka – Three weeks time granted to counsel appearing for M/s Tungbhadara Minerals (P) Ltd. for filing objection soin report of the Lokayukta, Karnataka – Copy of the report also to be served on amicus curiae – Adjourned till 7-11-2008. (Para 12)
(j) IA relating to diversion of 109.27 ha of forest land for renewal of mining lease in favour of M/s Narayan Mines (P) Ltd. in Bellary District, Karnataka for iron ore mining – Report of the Lok Ayukta, Karnataka be given to the counsel appearing for M/s Narayan Mines (P) Ltd. for filing objections to the report, if any, within three weeks – Report also be given to the amicus curiae – Adjourned till 7-11-2008. (Para 13, 14)
(k) IA relating to diversion of 883.22 ha of forest land for Rowghat Iron Ore Mining Project in favour of M/s Bhilai Steel Plant – Adjourned till 3-10-2008. (Para 15)
(l) IA relating to two proposals for diversion of 97.486 ha of forest land for Galikonda bauxite mining and 54.657 ha of forest land for Rakthakonda bauxite mining in Paderu Forest Division and Vishakhapatnam Forest Division, respectively – Adjourned till 7-11-2008. (Para 16)
(m) IAs Nos. 1778 and 2133; IAs Nos. 2232-33
Practice and procedure – No further orders required – IAs disposed of. (Para 17, 18)
(n) IAs Nos. 2306-07
Practice and procedure – Adjourned till 3-10-2008. (Para 19)
(o) IAs Nos. 2217-18
Practice and procedure – Already disposed of on 5-2-2008 – No orders required. (Para 20)
(p) IAs Nos. 2293-94 and 2298
Practice and procedure – Adjourned till 3-10-2008. (Para 21)
(q) IA No. 2168 (5th Report of CEC)
Practice and procedure – Adjourned till 17-11-2008. (Para 22)
(r) IA No. 2169 (6th Report of CEC), IA No. 2170 (7th Report of CEC), and IA No. 2239 (8th Report of CEC)
Practice and procedure – Adjourned till 3-10-2008. (Para 23)
(s) IAs Nos. 2344 and 2351
Practice and procedure – Mundra Port and special economic zone matters – Adjourned till 3-10-2008. (Para 24)
(t) IA No. 2319 (10th Report of CEC)
Forest and Mining laws – CEC already cleared and IAC approved following projects:
1. Diversion of 9.00 ha of forest land for surface rights in Favour of South Eastern Coalfield Ltd. in Katghora Forest Division in Korba District of Chhattisgarh.
2. 2D seismic survey operation over 113.50 sq kIn forest area in and around Deomali and its adjoining area in Arunachal Pradesh for petroleum exploration by M/s. Oil India Ltd.
3. Diversion of 64.3258 ha of forest land for laying of 220 kV transmission line from Prini to PanarsalBanala in Favour of MIs AD Hydro Power Ltd. in Kullu, Parbati and Seraj Forest Divisions of Kullu District of H.P.
4. Diversion of 63.969 ha of forest land for Bhanwarmal Tank Scheme of Water Resource Department in Sarguja ast (sic) Forest Division in Sarguja District of Chhattisgarh.
5. Diversion of 49.283 ha of forest land for construction/improvementlupgradation of Gangtok -Chungthang -Gaigong (NSH) Sector km 30.00 to km 84.60 in North District of Sikkim by Border Road Organisation.
6. Diversion of 56.984 ha of forest land for the construction of Birsinghpur Tank Project in District Panna, M.P. in Favour of Water Resources Department, M.P.
7. Diversion of 127.174 ha of forest land for Chhindwara-Nagpur Gauge Conversion Project in Favour of M/s South East Central Railway in Chhindwara District of M.P.
8. Diversion of 105.77 ha of forest land for construction of Engineering Industrial Development Project in Thane District of Maharashtra, CEC has suggested that NPV should be paid. This is accepted. MoEF to pass the appropriate orders subject to the payment of NPV by the user agency.
9. Diversion of 68.337 ha of forest land in Favour of Chhattisgarh Rajya Vidyut MandaI for construction of 132 kV transmission line between Bishrampur-Balrampur in Sarguja District of Chhattisgarh.
10. Diversion of 209.73 ha of forest land for construction of Pandhari Medium Irrigation Project under Wardha Division Scheme in Amravati District of Maharashtra.
11. Diversion of 0.6942 ha of additional forest land for the construction of III MW Sawra Kuddu Hydroelectric Project in Favour of H.P. State Electricity Board in Shimla District, H.P.
12. Diversion of 90.99 ha of forest land for installation of Wind Power Project in Nandurbar District in Favour of M/s Suzlon Energy Ltd., Pune, Maharashtra. CEC has filed its report. MoEF to take decision having regard to the recommendations made by CEC.
13. Diversion of 175.69 ha of forest land in Paloncha Forest Division of Khammam District for open cast coal mining (OCP-II Manauguru) in Favour of Singareni Collieries Company Ltd.
14. Diversion of 44.60 ha (32.51 ha for surface use and 12.09 ha for underground mining) of forest land for uranium mining at Mahuldih Uranium Project in Favour of Uranium Corporation of India, Jadugud, at District Saraikela in Jharkhand.
15. Diversion of additional forest area of 4.20 ha for surface use of forest land for Rajnagar OCP Coal Mining Project in Favour of M/s SECL in Manendragarh Forest Division of Korba District in Chhattisgarh.
MoEF to pass appropriate orders in regard to the above projects having regard to the report of CEC – IAs as regards the above projects disposed of – Balance nine projects adjourned till 3-10-2008. (Para 25, 26)
(u) IA No. 170 in WP (C) No. 460 of 2004; IAs Nos. 2329-30
Practice and procedure – Taken on board – List on 3-10-2008. (Para 27, 28)
(v) IAs Nos. 1413-14, 1426, 1428, 1440, 1454, 1459-60, 1662-63, 1675, 1796, 2005-06
Practice and procedure – These TWP matters disposed of in the light of the order passed on 4-8-2006 – No further order required. (Para 29)
(w) IAs Nos. 1310, 1331-32
Mining in Aravalli Hills area – Renewal of mining leases – MoEF submitting report – Regional Office, Lucknow may file report within four weeks – Rest of the matters adjourned 13-10-2008. (Para 33, 34)
ORDER
IAs Nos. 1768 and 1426
1. List on 7-11-2008.
IA No. 2164 (1 st Report of CEC)
2. In this matter M/s S.K. Sarawagi and Company, in District Kanker (Chhattisgarh) proposes to have mining of iron ore in the forest land. CEC has filed its report and raised certain objections.
3. The Direr .or General of Forests shall pass appropriate orders. Records be made available to DGF for taking appropriate decision within a period of six weeks. IA as regards the applicant is disposed of accordingly.
4. Mis Suzlon Energy Ltd. proposes to divert 41.78 ha of forest land for the purpose of establishing 26.40 MW wind power project. CEC has examined the matter and IAC has also given its report.
5. MoEF is directed to pass appropriate orders in the light of the 1st Report of CEC and the observations made therein. IA as regards the applicant is disposed of accordingly.
IA No. 2378
6. M/s Orissa Mining Corporation Ltd. proposes to divert 137.02 ha of forest land for the purpose of coal mining. CEC has examined and filed its report and IAC has also recommended for approval of the project. IA No. 2378 is allowed accordingly.
7. Diversion of 30 ha of forest land for mining of iron ore of Abubaker in Bellary District in Karnataka is adjourned to 7-11-2008.
8. IAs Nos. 2304-05 and remaining cases of 1st Report of CEC be listed on 3-10-2008.
IAs Nos. 2165-66
9. No further orders required. IAs are disposed of accordingly.
IA No. 2167 (4th Report of CEC)
10. List on 3-10-2008 relating to Human River Project.
11. IA relating to coal mining at Amelia (North Coal Block), list on 3-10-2008. IA relating to coal mining in Amelia Coal Block by MPSMCL in Sidhi District, M.P., list on 7-11-2008.
12. IA relating to diversion of 125 ha of forest land for iron ore mining in favour of M/s Tungbhadara Minerals (P) Ltd., Hospet, Bellary District, Karnataka. Concerning this project, the Lok Ayukta, Karnataka has submitted a report in sealed cover. Registry shall give a copy of the report to the learned counsel appearing for M/s Tungbhadara Minerals (P) Ltd. for filing objections to the report, if any, within a period of three weeks and a copy to the amicus curiae. List on 7-11-2008.
13. IA relating to diversion of 109.27 ha of forest land for renewal of mining lease in favour of M/s Narayan Mines (P) Ltd. in Bellary District, Karnataka for iron ore mining. The Lok Ayukta, Karnataka has submitted a report in sealed cover.
14. Registry shall make available a copy of the report to the learned counsel appearing for Mis Narayan Mines (P) Ltd. For filing objections to the report, if any, three weeks time is granted. Copy of the report may also be given to the learned amicus curiae. List on 7-11-2008.
15. IA relating to diversion of 883.22 ha of forest land for Rowghat Iron Ore Mining Project in favour of M/s Bhilai Steel Plant, list on 3-10-2008. 16. IA relating to two proposals for diversion of 97.486 ha of forest land for Galikonda bauxite mining and 54.657 ha of forest land for Rakthakonda bauxite mining in Paderu Forest Division and Vishakhapatnam Forest Division, respectively be listed on 7-11-2008.
IAs Nos. 1778 and 2133
17. No further orders required. IAs are disposed of accordingly.
IAs Nos. 2232-33
18. No further orders required. IAs are disposed of accordingly.
IAs Nos. 2306-07
19. List on 3-10-2008.
IAs Nos. 2217-18
20. No orders required as already disposed of on 5-2-2008.
IAs Nos. 2293-94 and 2298
21. List on 3-10-2008.
IA No. 2168 (5th Report of CEC)
22. For consideration of 5th Report, list on 17-11-2008 at 2.00 p.m.
IA No. 2169 (6th Report of CEC), IA No. 2170 (7th Report of CEC), and IA No. 2239 (8th Report of CEC)
23. List on 3-10-2008.
IAs Nos. 2344 and 2351
24. Mundra Port and special economic zon.e matters are adjourned to 3-10-2008.
IA No. 2319 (10th Report of CEC)
25. As per the 10th Report of CEC, CEC has already cleared the following projects and IAC has also recommended and approved the projects:
1. Diversion of 9.00 ha of forest land for surface rights in Favour of Sou
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