T.N Godavarman Thirumulpad v. Union Of India And Others

Order

IAs Nos. 2899, 2897

1. We have heard the learned counsel for the parties as well as Mr P.S Narasimha, learned amicus curiae and perused IA No. 2897—recommendations of the Central Empowered Committee (CEC).

2. IA No. 2899 has been filed by the National Highways Authority of India (NHAI) for directions seeking the implementation of the recommendations of CEC in Application No. 1290 filed by NHAI seeking permission for use of 2.8 hectares of forest land falling in the Southern Ridge for upgradation of National Highway No. 236 between Andheria More to Delhi-Haryana border.

3. IA No. 2899 is ordered, as prayed for, subject to complying with the conditions suggested by CEC, namely:

(i) for the use of the forest land approval under the Forest (Conservation) Act, 1980 will be obtained;

(ii) wherever technically feasible instead of felling of trees, transplanting of trees will be resorted to;

(iii) the area to be handed over by National Highways Authority of India (NHAI) to the Indian Air Force (IAF) should be maintained as part of the ridge/green area except the minimum area required for the essential services and infrastructure for meeting their security requirements; and

(iv) 5% of the project cost will be deposited with the Delhi Ridge Management Board for undertaking conservation and protection of the ridge areas.

IA No. 1442, IA No. 2446 in IA No. 1442

4. These applications are dismissed. Interim orders shall stand vacated.

IAs Nos. 2287-88

5. These applications are dismissed.

IA No. 2320

6. We have heard Mr M.N Krishnamani, learned Senior Counsel.

7. This application is dismissed.

IAs Nos. 2632-33

8. The order of the High-Powered Committee (HPC) is in conformity with the order dated 15-1-1998.

9. We confirm the order dated 15-1-1998. These applications are accordingly, dismissed.

IAs Nos. 2458-59 of 2008

10. These applications are dismissed.

IA No. 2359

11. This is an application on behalf of the Government of India, Ministry of Home Affairs, represented by Indo-Tibetan Border Protection Force (Itbpf) seeking permission of this Court to widen and improve the roads leading to the China border under the Border Road Development Board Project for mobilisation of troops and to carry out operational maintenance of the troops deployed on the border running along China and Nepal.

12. This application is ordered, as prayed for.