T.N Godavarman Thirumulpad (77) v. Union Of India And Others

Order

IA No. 1265 in IAs Nos. 1256-63

1. We direct the State of Maharasthra to file its response, within three weeks, to the report of CEC dated 4-2-2005. MoEF shall also file its response within the same time. The applicants are also permitted to file response within three weeks.

2. The State Government would keep all relevant files available in Court.

3. List after four weeks.

IAs Nos. 756, 1192 and 1156

4. It is unfortunate that despite grant of time, the Delhi Development Authority (DDA) has still not filed its response to the report of CEC dated 30-7-2004. While granting final opportunity, we direct the said Authority to file its response within three weeks.

5. Mr Sharan, learned Additional Solicitor General appearing for DDA, states that no construction activity is going on on 223 ha of land. If it is otherwise, the applicant may approach CEC which will look into the matter.

6. The report of CEC states that in 92 ha out of 315 ha of land, this Court, by order dated 19-8-1997 (2006) 13 SCC 689, permitted the DDA and others to carry out construction and allied activities subject to compliance with environmental laws and requisite approvals. In the response directed to be filed, the DDA will state as to whether requisite approvals have been taken and environmental laws complied with in respect of the construction which is going on.

7. List after four weeks.

IA No. 993 in IAs Nos. 836 and 895

8. No objections have been filed to the report of CEC dated 28-10-2003. The recommendations of CEC are as under:

“(i) MoEF's order dated 20-8-2002 allowing mining leases inside the Valmiki Wildlife Sanctuary may be set aside;

(ii) the State of Bihar may be directed to ensure immediate closure of all mining activities inside national parks and wildlife sanctuaries included within the safety zone around the boundaries of the national parks and sanctuaries;

(iii) MoEF may be directed to ensure that no mining lease inside any national park or wildlife sanctuary is approved under the FC Act without obtaining specific permission from this Hon'ble Court in view of the order dated 14-2-2000 (2002) 10 SCC 634 passed in IA No. 548;”

9. Mr B.B Singh, learned counsel appearing for the State of Bihar also submits that the report be accepted.

10. Having regard to the facts and circumstances, we accept the recommendations made in the report and direct the State of Bihar and MoEF to file compliance report within a period of eight weeks. List thereafter.

Court Masters