SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, CJI., S.H. KAPADIA, AFTAN ALAM, JJ.
T.N. Godavarman Thirumalpad – Petitioner
Versus
Union of India and Others – Respondents
I.A. Nos. 754-755, 757, 777, 789-790, 941, 948-948A, 962, 972, 986, 1042-1045, 1131-1133, 1138-1146, 1148, 1184, 1217-1219, 1272, 1274-1275, 1361, 1536-1538, 1579-1580, 2064, 2213-2215, 2255-2256, 2423-2425, 2522-2523, 2537-2538, 2647, 2660-2661, 2664-2665, 2672, 2687-2688, 2689, 2690, 2696-2697, 2703-2704, 2709, 2714-2715, 2718, 2746-2748, 2797, 2798, 2799, 2854-2855, 2860-2861, 2862 of 1995, W.P. (C) Nos. 202 of 1995, 356 of 2007
Decided On : 07-05-2010
Forest Act - Section 5 – Appeal against Conviction - Concerning amendments - These applications relate to Orissa Saw Mills - Counsel appearing for State on instructions submits that matter is pending with Law Ministry of State of Orissa and decision would taken soon – Court hereby direct that State should take decision concerning amendments in Rules positively within six weeks - Post applications along with intervention application – Held, Recommendations of CEC are acceptable to Indian Oil Corporation and it willing to fulfill conditions laid down by CEC in Para of Report which are as follows - Keeping in view all past facts and circumstances and considering that Applicant is public sector unit that damage done is containable following course of action is recommended - Out acre land owned by Indian Oil Corporation at village Haryana about of land is stated to be not covered notifications issued PLPA Notification or afforestation done or Project - Area may be allowed to be used by Indian Oil Corporation for industrial and other non-forest usages - Exact area may be verified by concerned authorities of State of Haryana - Out of acre of area of Indian Oil Corporation notified Section of PLPA presently about acre area is industrial and other non-forestry uses - This area may be allotted to remain non forest uses subject to Applicant obtaining ex post facto approval Forest Conservation Act - Exact area falling in this category may be verified by concerned authorities of State of Haryana - No non-forestry uses be permitted in balance area of Indian Oil Corporation - It should be maintained and retained as forest – Appeal disposed of
JUDGMENT :
I.A. Nos. 941 in I.A. No. 754-755 with I.A. No. 777, 1131-1133, 1138-1146, 1148, 1184, 1272, 1361, 1579-1580, 2714-2715 in WP. (C) No. 202/1995 with W.P. (C) No. 356/2007
1. These applications relate to the Orissa Saw Mills. Learned counsel appearing for the State, on instructions, submits that the matter is pending with the Law Ministry of the State of Orissa and the decision would he taken soon. We hereby direct that the State should take a decision concerning the amendments in the Rules positively within six weeks. Post the applications on 16.7.2010 along with the intervention application.
I.A. No. 972 in I.A. 757 with 789-790, 962, 986, 1042-1045, 1217-1219, 1536-1538. 2660-2661, 2064 and 2255-2256 in W.P. (C) No. 202/1995
2. As regards construction work in the Mount Abu Area which is an eco-sensitive zone, the CEC has filed its Report. The MoEF has not filed its response so far. The MoEF is directed to give its response at the earliest. Post in the 3rd week of July along with the connected writ petition.
I.A. No. 1274-1275. 2423-2425, 2460-2461, 2522-2523, 2537-2538 in W.P. (C) No. 202/1995
3. A large number of applications are pending with the Government for Saw Mill licences in the State of Bihar. The CEC has filed its Report containing broad guidelines as regards grant of saw mill licences. The State of Bihar has neither passed any final orders and nor it has prepared a seniority list as directed by this Court. The State Authorities are directed to prepare a seniority list of the eligible applicants who could be granted saw mill licences. The State should take action within a period of six weeks.
I.A. Nos. 2213-2215 in 948-948A in W.P. (C) No. 202/1995
4. The CEC has filed its Report objecting to the grant of licence. Applicants would be at liberty to file their response within a period of four weeks. List in the 2nd week of July.
I.A. Nos. 2647, 2687-2688, 2689, 2690, 2696-2697, 2703-2704, 2709 and 2718 in W.P. (C) No. 202/1995
5. No orders.
I.A. No. 2664-2665, 2860-2861 in W.P. (C) No. 202/1995
6. Referred to the CEC for Report. List in July.
I.A. No. 2672 in W.P. (C) No. 202/1995
7. The recommendations of the CEC are acceptable to the Indian Oil Corporation and it is willing to fulfill the conditions laid down by the CEC in Para 10 of the Report which are as follows:
(i) Out of 208.74 acre land owned by Indian Oil Corporation at village Manesar, Haryana, about 30.5 acre of land is stated to be not covered under the notifications issued under the PLPA, the Aravalli Notification or afforestation done or Aravalli Project. This area may be allowed to be used by the Indian Oil Corporation for industrial and other non-forest usages. The exact area may be verified by the concerned authorities of the State of Haryana.
(ii) Out of 162 acre of area of Indian Oil Corporation, notified under Section 5 of the PLPA, presently about 21 acre area is under industrial and other non-forestry uses. This area may be allotted to remain under non-forest uses subject to the Applicant obtaining ex-post facto approval under the Forest (Conservation) Act. The exact area falling in this category may be verified by the concerned authorities of the State of Haryana.
(iii) No non-forestry uses be permitted in the balance area of the Indian Oil Corporation. It should be maintained and retained as forest.”
8. Subject to fulfilling the above conditions, the application of the Indian Oil Corporation is allowed and disposed of.
I.A. Nos. 2746-2748 and I.A. No. 2862 in I.A. No. 2746-2748 in W.P. (C) No. 202/1995
9. The CEC has filed its Report. The State would like to file its response. Six weeks time is granted for the same. The recommendations of the CEC which are acceptable to the State Government can be complied with.
I.A. No. 2797, 2798-2799 in W.P. (C) No. 202/
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