SUPREME COURT OF INDIA
B.R. GAVAI, AUGUSTINE GEORGE MASIH, JJ
IN RE : T.N. GODAVARMAN THIRUMULPAD – Appellant
Versus
UNION OF INDIA – Respondent
W.P.(C) No.-000202-000202 - 1995
O R D E R
1. In these matter(s)/application(s), Mr. K. Parameshwar, learned senior counsel has been rendering very valuable services as the Amicus Curiae. Mr. K. Parameshwar, ably assisted by his juniors, Ms. Kanti and Mr. M.V. Mukunda, learned counsel, have been regularly assisting this Court in these matter(s)/application(s). The ground work for preparation of the note for hearing so also collating material from various sources requires significant time and efforts by the learned senior counsel as well as the counsels assisting him.
2. The valuable contributions of learned Amicus Curiae as well as the counsels assisting him cannot be measured in monetary terms. We, however, find that the learned Amicus Curiae and the learned counsels assisting him should be reimbursed notionally for their valuable services.
3. We, therefore, as a token, direct the Central Empowered Committee (CEC) to pay an amount of Rs.10,00,000/-(Rupees Ten Lakhs Only) to Mr. K. Parameshwar and Rs. 5,00,000/-(Rupees Five Lakhs Only) each to Ms. Kanti and Mr. M.V. Mukunda, for the services rendered by them.
4. We clarify that the amount is not at all commensurate with the services rendered by them, but is offered as a token. Additionally, we find it necessary to clarify that the amount be paid to them from the interest accrued on the Fixed Deposit Receipts held by the CEC.
[1] I. A. Nos. 118236 AND 129623 OF 2020 WITH I.A. No. 179389 OF 2018 AND I.A. No. 69399 OF 2021 AND I.A. No. 144539 OF 2021 AND I.A. No. 13413 OF 2023 AND I.A. No. 217138 OF 2024 List on 05.03.2025.
[2] I.A. NO. 285881 OF 2024 WITH I.A. NOS. 285829 & 285830 OF
2024 AND I.A. No. 300603 of 2024
1. The present applications have been filed by the applicant(s), who have a grievance that the construction by respondent Nos. 2 and 3 in IA No. 285881 of 2024 is in the buffer zone of Rajaji National Park situated at village Banas Talla, Kimsaar Road, Tehsil Yamkeshwar, District Pauri Garhwal, Uttarakhand.
2. In the reply affidavit filed by the State, it is stated that the construction is outside the notified boundary of the Rajaji National Park(s). It is further stated that though the Eco-Sensitive Zone (ESZ) has not been notified yet, assuming that the construction is situated in the ESZ area, the construction does not come in the prohibited category and that it is permissible under the guidelines outlined in the notification dated 17.05.2022 issued by the Ministry of Environment and Forest and Climate Change(“MoEF & CC” for short).
3. In that view of the matter, we are not inclined to entertain these applications. The applications are, therefore, rejected.
4. At this stage, it is brought to our notice that the ESZ for Rajaji National Park as well as for Jim Corbett National Park have not yet been finalized by the State of Uttarakhand.
5. Shri J. K. Sethi, Deputy Advocate General appearing for the State of Uttarkhand submits that the draft ESZ was sent to the Union of India, however, Union of India has sent it back to the State Government suggesting certain modifications and seeking certain clarifications.
6. We direct the State to complete the formalities qua ESZ of both Rajaji National Park and Jim Corbett National Park within a period of two weeks from today and report compliance to this Court on 05.03.2025.
[3] I. A. NO. 268213 OF 2024 AND I. A. NO. 268214 OF 2024 As prayed, list on 19.03.2025.
[4] I. A. NO. 37210 OF 2025 WITH I.A. NO. 44049 OF 2025 WITH I.A. NOS. 44311 & 44314 OF 2025
1. The application (IA No. 44049 of 2025) for impleadment is allowed.
2. The present application (IA No. 37210 of 2025) has been filed by the applicant(s) with a grievance that the illegal mining activities are still being continued within the prohibited area of one kilometer and various machinery, including the trucks, are still stationed within the prohibited area which is a cause for significant concern.
3. Issue notice, returnable on 19.03.2025.
4. Mr. Shiv Mangal Sharma, learned A.A.G. appearing for the State accepts and wai
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