Order
Item 301: IA No. 3117 in IA No. 1991 in WP (C) No. 202 of 1995
1. The learned counsel appearing for the State of Himachal Pradesh seeks for and is granted four weeks' time to file their response.
2. Post after four weeks for final hearing.
Item 302: IAs Nos. 3121-22 in WP (C) No. 202 of 1995
3. Post after three weeks for report.
Item 303: IAs Nos. 2, 9, 11-13, 16-20, 23, 24, 28, 29, 33-34 of 2005 & 37 of 2011 in WP (C) No. 171 of 1996
4. The Chief Conservator of Forests has filed an affidavit giving details in compliance with the order passed by this Court on 2-9-2011. The learned amicus curiae submitted that CEC would offer his response to the affidavit of the Chief Conservator of Forests. Three weeks' time is sought for. Time prayed for is granted.
5. Post after three weeks.
Item 304: IAs Nos. 1117-18 in WP No. 202 of 1995
6. Copy of the affidavit filed by the State of Jammu & Kashmir on 10-10-2011 as well as copy of the report of CEC be made available to the applicant. The State of Jammu and Kashmir has also to file response to the report of CEC within three weeks.
7. Post after three weeks.
Item 305: SLP (C) No. 7031 of 2010
8. The learned counsel appearing for the State of Maharashtra seeks to submit its response to IA No. 5 of 2011 within two weeks. Rejoinder, if any, may be filed within two weeks thereafter, on the request made by the applicant that they would only use imported timber in their sawmills.
9. Post the matter after four weeks.
Item 306: IAs Nos. 1433 and 1477 in WP (C) No. 202 of 1995
10. The learned counsel appearing for MoEF as well as the State submit that they are working out the modalities as to who would bear the expenses for the protection of wild buffaloes.
11. Post the matter after one month.
Item 307: IA No. 5 in SLP (C) No. 20154 of 2011
Item 308: IA No. 3 in SLP (C) No. 21461 of 2011
Item 309: IAs Nos. 26-27 in SLPs (C) Nos. 21463-64 of 2011
Item 310: IAs Nos. 3-4 in SLPs (C) Nos. 17150-51 of 2011
Item 311: IAs Nos. 3-4 in SLPs (C) Nos. 17155-56 of 2011
Item 313: IA No. 3 in SLP (C) No. 21460 of 2011
Item 342: IA No. 2 in SLP (C) No. 17160 of 2011
12. Application(s) for deletion of respondent/pro forma respondents are allowed at the risk of the applicants. Interim order is extended till further orders. In the meantime, where service is incomplete, the counsel for the petitioner(s) to take steps to serve the notice on the Standing Counsel for the State of Tamil Nadu as well as on the counsel appearing for MoEF.
13. In the meantime, it is open to the National Board for Wildlife to offer their comments on the report submitted by the Committee constituted by the High Court. MoEF to submit its report within three months.
14. Post all the matters after three months.
Item 312: IAs Nos. 12-19 in SLPs (C) Nos. 19628-29 of 2009
15. The learned counsel for the applicant submits that the recommendation made by CEC and MoEF is contrary to the order passed by the High Court on 15-5-2009 CWP No. 20134 of 2004. The learned amicus curiae as well as the counsel appearing for the State of Haryana to examine such matter and submit their report/response within two weeks.
16. Post after two weeks.
Item 314: IA No. 2914 in WP (C) No. 202 of 1995
17. Post next week.
Item 315: IAs Nos. 2530-31 in WP (C) No. 202 of 1995
18. The learned amicus curiae has sought for and is granted eight weeks' time to submit a report by CEC.
19. Post after eight weeks.
Item 316: IAs Nos. 3239-40 in WP (C) No. 202 of 1995
20. List next Friday.
Items 317 and 318: IAs Nos. 3138-41 in WP (C) No. 202 of 1995
21. The prayer in the applications is allowed in view of the decision taken by the National Board for Wildlife on 24-1-2011 subject to the conditions extracted below:
“(i) A conservation plan for Swamp Deer would be prepared and implemented by the State Government. The conservation plan will be prepared in consultation with Dr Affifullah Khan of Aligarh Muslim University.
(ii) Speed-breakers with fluorescent paint warnings signages shall be constructed in areas where the wild animals usually cross the pathway. The places where such works shall be carried out will be decided by the DFO concerned.
(iii) Storage, melting and mixing of coal tar should take place only on the diverted land. Any requirement of firewood for melting of coal tar by the user agency shall be met by purchasing it from the Forest Corporation or from market, and no firewood shall be collected from the nearby forest area.
(iv) No labour camps shall be established inside the forest/sanctuary area.
(v) No work shall be allowed between sunset to sunrise.
(vi) No crushing/breaking of stone shall be allowed inside the sanctuary/forest area.
(vii) Construction debris will be disposed of outside the sanctuary area.
(viii) Appropriate safeguard measures shall be taken to contain noise pollution.
(ix) The stipulations above from Sl. Nos. 2 to 7 shall be valid while carrying out maintenance and repair work also.
(x) The user agency shall also abide by any other conditions that may be prescribed by the Chief Wildlife Warden.
(xi) The Chief Wildlife Warden would submit a compliance report on the implementation of the conditions specified, before the Standing Committee of NBWL, after completion of the project.”
22. The applications are disposed of accordingly.
Item 319: IAs Nos. 3204-05 in WP (C) No. 202 of 1995
23. The prayer in the applications is allowed in view of the decision taken by the National Board for Wildlife on 9-2-2011 subject to the conditions extracted below:
“(i) The status of the land shall remain unchanged.
(ii) As per the decision in the Standing Committee meeting of the State Board for Wildlife 42.74 ha of forest land in Compartment No. 5.Tunnel shall be added to Nandni Wildlife Sanctuary.
(iii) The user agency will pay 5% of the cost in proportion to the length falling in the sanctuary area of Jammu-Udhampur section of National Highway to the Wildlife Department to be spent on conservation and development of wildlife.
(iv) The user agency, while implementing the road construction project, will abide by the orders to be issued by the Hon'ble Supreme Court and follow the provisions of the Jammu and Kashmir Wildlife (Protection) Act, 1976 (amended up to 2002) strictly.
(v) The user agency shall also pay NFV charges to the extent of Rs 7.77 crores on the land to be diverted as per the Hon'ble Supreme Court orders.
(vi) The portion of the project being used for haulage (approach roads) for excavation of muck from tunnels, shall be restored to the Wildlife Department after completion of work.
(vii) The existing road falling in the sanctuary that shall be abandoned due to realignment shall be handed over to the Wildlife Department.
(viii) The right of way shall be 60 m.
(ix) The user agency shall secure environmental clearance and it shall be implemented as per the rules and regulations in vogue.
(x) The user agency will follow the eco-friendly engineering practices during the construction.
(xi) The project staff and labourers involved in the construction of the road will be sensitised about the dos and don'ts in Ramnagar Nandni Wildlife Sanctuaries.
(xii) Warning/Information signboards and hoarding shall be provided on the road sections passing through the wildlife sanctuary.
(xiii) No borrowing of soil/earth shall be carried out within boundary of the wildlife sanctuary.
(xiv) No quarrying/mining operations shall be carried out within the boundary of the wildlife sanctuary.
(xv) For control of dust clouds, water sprinkling shall be carried out regularly on the road sections under project work.
(xvi) ‘No Horn’ signage shall be provided by the user agency at the spots where the road passes through the wildlife sanctuary.
(xvii) Noisy construction works shall be scheduled to coincide with the period when wildlife would be least affected. No construction works shall be carried out during nighttime.
(xviii) Monitoring of air, noise and water quality shall be carried out along the road to ensure the effectiveness of the environmental management measures.
(xix) Any form of poaching by anyone, particularly by the road construction workers, will be strictly prevented. In the event of any case of poaching noticed during the construction of the roads, the user agency would be held responsible.
(xx) The construction debris generated due to the construction of road will be disposed of in an environmental friendly manner outside the limits of the sanctuary.
(xxi) The user agency will ensure that littering of any kind is strictly avoided by its staff and also by construction workers. All waste material such as plastics, tar barrels, gunny sacks, bottles, tin cans, etc. would be properly disposed of. No waste material will be left either near or away from the road in the sanctuary.
(xxii) The user agency will ensure that minimum damage is done to the local flora. Cutting of local flora by construction workers would be strictly prohibited. The officials concerned of the user agency would conduct surprise checks, in collaboration with the Conservator of Forests (Wildlife), Jammu or his representative to see that no damage is caused to the flora and fauna.
(xxiii) The Chief Wildlife Warden would submit a compliance report on the implementation of the conditions specified, before the Standing Committee of NBWL after completion of the project.”
The applications are disposed of accordingly.
Item 320: IAs Nos. 3206-07 in WP (C) No. 202 of 1995
24. The prayer in the applications is allowed in view of the decision taken by the National Board for Wildlife on 9-2-2011 subject to the conditions extracted below:
“(i) Speed-breakers with fluorescent paint warning signages shall be constructed in areas where the wild animals usually cross the pathway. The places where such works shall be carried out will be decided by the DFO concerned.
(ii) Storage, melting and mixing of coal tar should take place only on the diverted land.
(iii) Any requirement of firewood for melting of coal tar by the user agency shall be met with purchasing it from the Forest Corporation or from market, and no firewood shall be collected from the nearby forest area.
(iv) No labour camps shall be established inside the forest/sanctuary area.
(v) No work shall be allowed between sunset to sunrise.
(vi) No crushing/breaking of stone shall be allowed inside the sanctuary/forest area.
(vii) Construction debris will be disposed of outside the sanctuary area.
(viii) Appropriate safeguard measures shall be taken to contain noise pollution.
(ix) The stipulations above from Sl. Nos. 2 to 7 shall be valid while carrying out maintenance and repair work also.
(x) The user agency shall also abide by any other conditions that may be prescribed by the Chief Wildlife Warden.
(xi) The Chief Wildlife Warden would submit a compliance report on the implementation of the conditions specified, before the Standing Committee of NBWL after completion of the project.”
25. The applications are disposed of accordingly.
Item 321: IAs Nos. 2421-22 in WP (C) No. 202 of 1995
26. The learned amicus curiae submits that CEC would submit a report within three weeks. Post after three weeks.
Item 322: IAs Nos. 2981-82 in IA No. 2439 in WP (C) No. 202 of 1995
27. Report of CEC is awaited. Post after four weeks.
Item 323: WP (C) No. 302 of 2011
28. The learned counsel appearing for the petitioner submitted that the matter is not relating to forest. Hence post the matter before the appropriate Bench after the ensuing Diwali holidays.
Item 324: SLP (C) No. … CC No. 3433 of 2009
29. None appears for the petitioners. The special leave petition is dismissed for non-prosecution.
Item 325: IAs Nos. 3118-20 in WP (C) No. 202 of 1995
30. The learned amicus curiae submitted that CEC is going for site verification. In the meantime, MoEF will comply with the order dated 2-9-2011. The learned counsel for MoEF submitted that he would produce the files concerned.
31. Post the matter after two months.
Item 326: IAs Nos. 3051-53 in WP (C) No. 202 of 1995
32. The learned counsel for the State of Kerala prays for four weeks' time. Prayer granted.
33. Post after four weeks.
Item 327: IAs Nos. 3094-95 in WP (C) No. 202 of 1995
34. Post after three weeks.
Item 328: IAs Nos. 3047-48 in WP (C) No. 202 of 1995
35. Post after four weeks.
Item 329: IA No. 2066 arising out of Contempt Petition (C) No. 133 of 2007 in WP (C) No. 202 of 1995
36. Post after one month.
Item 330: IAs Nos. 2228-29, 2575-78 in WP (C) No. 202 of 1995
37. Post next week.
Item 332: IA No. 3109 arising out of Contempt Petition (C) No. 241 of 2011 in IA No. 1631 in WP (C) No. 202 of 1995
38. The learned amicus curiae is granted time to examine as to whether concurrence of CEC was obtained after order dated 23-4-2010 (2010) 6 SCC 710 was passed. CEC will also examine as to how many units are situated in government and industrial estate.
39. Interim order to continue for two months. Post after four weeks.
Item 333: IA No. 925 with Contempt Petition (C) No. 193 of 2001, IA No. 1127 in 925 and IA No. 4 in Contempt Petition (C) No. 193 of 2001 in WP (C) No. 202 of 1995
40. The learned counsel appearing for the petitioner submits that he will get ready to go on with the case.
41. Post after three weeks.
Items 334 to 339: IAs Nos. 2902-03 and 3208, 2904-11, 2935-36 in WP (C) No. 202 of 1995
42. The learned counsel appearing for the applicant(s) brought to our notice the notice dated 25-7-2011 issued by the Divisional Forest Officer. This Court by order dated 9-9-2011 (2011) 14 SCC 293 has already granted stay of the notices dated 14-6-2010 and 24-6-2010. In the circumstances, no further proceedings be initiated by the officer pursuant to notice dated 25-7-2011. The interim order (2011) 14 SCC 293 granted by this Court is extended by two months.
43. The State of Orissa is directed to file its affidavit within a period of one month. MoEF will also file its response.
44. Post the matters after two months.
Item 340: Mount Abu: IA No. 972 in IAs Nos. 757, 1042-45, 2949 in 757 and IA No. … in IA No. 757 and IA No. … of 2011 in IAs Nos. 1042-45 in WP (C) No. 202 of 1995
45. Time is extended by one month to submit the zonal master plan by the State of Rajasthan subject to any objections to be taken by the petitioner.
46. Mr Sushil Kumar Jain, learned counsel, resumed his arguments at 3.10 p.m and was on his legs when the Court rose for the day.
47. The matter remained part-heard.
Item 341: SLP (C) No. … CCs Nos. 15958 and 16898 of 2011
48. Permission to file SLPs is granted. Issue notice. Dasti, in addition, is permitted.
49. The petitioners are permitted to serve the notice on the Standing Counsel for the State of Tamil Nadu as well as on the counsel appearing for MoEF as well. The State to file counter-affidavit within four weeks.
50. There shall be stay of dispossession and demolition of the buildings of the petitioners till further orders. It is open to the National Board for Wildlife to offer their comments on the report submitted by the Committee constituted by the High Court. MoEF to submit its report within three months.
51. Post along with SLP (C) No. 20154 of 2011 (Item 307).
Court Masters