ORDER :

Item No. 301

IAs Nos. 1868, 2091, 2225-2227, 2380, 2568 and 2937 in WP(C) No. 202 of 1995 (Lafarge Matter) regarding implementation of the directions of the Hon'ble Court as contained in Para-II guidelines to be followed in future cases of judgment dated 6.7.2011. Lafarge Umiam Mining Private Limited v. Union of India, (2011) 7 SCC 338)

1. We have heard Mr. Harish N. Salve,the learned Amicus Curiae. He submitted that as per the directions of this Court in , the Regulator should have been put in place under Section 3(3) of the Environment (Protection) Act, 1986. Mr. Mohan Parasaran, the learned Solicitor General, prayed for four weeks time to obtain instructions and apprise this Court as to when the direction of this Court will be complied with.

2. List these applications on 21st October, 2013.

Item No. 303

IAs Nos. 1991 of 2007 and IA No. 3117 in IA No. 1991 in WP(C) No. 202 Of 1995 (for directions and setting aside the report dated 18.09.2008 of the Central Empowered Committee)10

3. List These Applications On 30th September, 2013. Counsel for the State of Himachal Pradesh will file an affidavit one week before 30th September, 2013.

Item No. 305

IAs Nos. 3458-3460 in WP(C) No. 202 of 1995 (For impleadment, directions and exemption from filing official translation)

4. We call for a report from the Central Empowered Committee as well as reply from the State of Uttar Pradesh within a period of four weeks. List thereafter.

Item No. 306

IA No. 3641 in WP(C) NO. 202 of 1995 (Report of Central Empowered Committee in Application No.1352)

5. List the application on 30th September, 2013.

Item No. 307

IA No. 3676 in WP(C) No. 202 of 1995 (Report of Central Empowered Committee in Application No.1366)

6. The Report of the Central Empowered Committee has been received and Para 7 of this Report is extracted hereinbelow:

"7. After considering that the work relating to strengthening and repair of the existing Dam at Latada is in public interest, that the early repair of the Dam is essential, that there is no diversion of any sanctuary land and that the Standing Committee of the National Bord of wildlife has recommended the proposal, it is recommended that this Hon'ble court may consider permitting the strengthening and repair of the existing Dam at Latada situated at the boundary of Forest Block Sadri of Kumbhalgarh Wildlife Sanctuary, District Pali subject to the following conditions:-

(i) 5% o the estimated project cost will be deposited in the Compensatory Afforestation Fund for conservation and protection of the Kumbhalgarh Wildlife Sanctuary;

(ii) 10mfct water will be reserved as live storage for wildlife habitat;

(iii) other conditions on which the Standing Committee of the National Board of Wildlife has cleared the proposal will be strictly complied with; and

(iv) any other condition stipulated by the Chief Wildlife Warden, State of Rajasthan will be strictly complied with.

7. We, therefore, dispose of this application permitting the applicant to strengthen and repair the existing dam at Latada situated at the boundary of the forest block Sadri of Kumbhalgarh wildlife Sanctuary, District Pali, Rajasthan subject to the conditions (I) to (iv) mentioned in para 7 of the Report of the Central Empowered Committee extracted above.

8. Report is accepted and application stands disposed of.

Item No. 308

IA No. 3678 in WP(C) 202 of 1995 (Report of Central Empowered Committee in Application No. 1367)

9. Para 5 of the Report of the Central Empowered Committee is extracted herein below:-

"5. After considering that the project is in public interest, the adverse impact of the project is containable with appropriate mitigative measures and that the project has been cleared by the Standing Committee o the NBWL, it is recommended that this Hon'ble Court may consider permitting the repair and recarpetting of the 5 kms long and 6.7 metres in width existing B.T. Road from MDR- 111 (Baroni Shiwar SWM Shyampura Bhuri Pahari Kurgaon) to Ranthambhore Fort in District Swaimadh