Order
IA No. 828 with IAs Nos. 833-35, 837-38, 839-40, 846-47, 850, 853-56, 866-82, 891-94, 900-905, 1276-77, 1310-1310A in IA No. 833 in IAs Nos. 828, 1329-32, 1450-52 in 1310, 1465, 1488 in 891-92, 1590, 1612-13, 2007-2008 and 1700-703 in WP (C) No. 202 of 1995
1. Issue notice to CEC in fresh matters.
2. List on 14-9-2007. Meanwhile, CEC to file its response wherever not filed.
IA No. 2016
3. Heard learned amicus curiae and also learned Solicitor General for India. The learned amicus curiae expressed the view that CEC should continue to assist the Court and that is why CEC was appointed and the final Notification was made by MoEF on 17-9-2002 and it is submitted that the continuation of this Committee would help this Court to issue appropriate directions for the protection of the forests and also the environment.
4. The learned Solicitor General for India pointed out that CEC has been appointed, and the powers are to be exercised under Section 3(3) of the Environment (Protection) Act, 1986. It is pointed out that some powers which are to be exercised under sub-sections (4) and (5) by the Notification dated 17-9-2002 have been given to CEC which are beyond intended delegation and these cause serious administrative problems for the Central Government. Our attention was particularly drawn to clauses (ii), (iii), (iv) and (v) of Para 2 of the Notification in this connection.
5. As an interim measure, we direct that the said CEC will continue until further orders and the learned Solicitor General would give a brief report within a period of four weeks as to the modifications that are required in the Notification issued on 17-9-2002.
6. List after four weeks.
IA No. 1991
7. In this application, the applicant is seeking a direction for construction of a bus-stand. It is alleged that CEC has prevented the applicant from constructing some parking area near the bus-stand. We are told that CEC is proposing to inspect the site and shall give a report. We think that before giving any direction to the applicant, CEC may hear the applicant and file a report and meanwhile the work relating to the construction of bus-stand may continue but no other construction shall be carried out.
8. List after six weeks.
IA No. 1699
9. This application relates to construction of a road by NHAI. Originally the alignment was permitted and it is alleged that the original proposal was interfered with as there is some wildlife sanctuary and forest area. Thereafter the matter was considered and the alignment was changed. We may also recall in this connection that the change of alignment was challenged by the same applicant in a writ petition before this Court and the same was dismissed by this Court on 27-3-2006. Now a contention has been raised by the applicant that the alignment should not have been changed and the original alignment should have been retained without any change. The learned Solicitor General appearing for MoEF also submitted that NHAI is going ahead with the construction on the basis of the changed alignment.
10. We find no reason to give any direction in this application. Accordingly, the application is rejected.
IA No. 1797
11. As requested, five weeks' time is granted to CEC to file its response. List thereafter.
IA No. 1860
12. Adjourned.
IA No. 1861
13. Adjourned.
IA No. 1865
14. The matter is referred to CEC for instructions and report, if any.
IAs Nos. 1866-67
15. The matters are referred to CEC for instructions and report, if any.
IA No. 1801
16. The matter relates to the use of forest land falling in Delhi ridge for the construction of bridge over the Neela Hauz water body at Aruna Asaf Ali Road, New Delhi. CEC has examined and recommended the same subject to the fulfilment of the following conditions:
“1. Requisite approval under the Forest (Conservation) Act to be obtained.
2. Clearance from the Delhi Ridge Management Board to be obtained.
3. Deposit of NPV for the forest land in the compensatory afforestation fund along with an undertaking to pay additional amount as per the directions of this Hon'ble Court.
4. 5% of the project cost to be deposited for the conservation and development of the Delhi ridge.
5. The existing road at the ‘S’ bend measuring 565 m approx. in length and 7.5 m in width shall be completely dismantled and the malba there shall be removed and trees shall be planted.
6. As far as practicable, instead of felling of trees they will be translocated.
7. As far as feasible, compensatory afforestation shall be carried out adjacent to the impact area.”
The Government of NCT of Delhi agrees to abide by the above conditions.
17. The application is allowed, subject to the fulfilment of the above conditions.
IA No. 1802
18. List after two weeks.
CAs Nos. 8133-35 of 2003
19. Adjourned by six weeks.
Court Masters