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Smart Summary

Factual and Procedural Background

This opinion is a composite interim order dealing with numerous interlocutory applications (IAs), contempt petitions, writ petitions, special leave petitions (SLPs) and transfer petitions listed before the Supreme Court of India on the same day. The Court primarily granted additional time to various State Governments and the Ministry of Environment and Forests to file affidavits or reports, directed the Central Empowered Committee to submit reports, disposed of certain applications for non-prosecution, and issued ancillary procedural directions (such as listing dates, maintaining earlier interim orders, or granting stays). No underlying factual narrative beyond these procedural directions is provided.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Interim Order dated 5-8-2011, reported at (2011) 14 SCC 816 Continuation of an earlier interim arrangement The Court directed that the interim order passed on 5-8-2011 shall continue for one month in Item No. 302 (IA No. 3109 arising out of CP (C) No. 241 of 2011).

Court's Reasoning and Analysis

  • The Court noted repeated non-compliance by certain States (e.g., Jammu & Kashmir, Karnataka) and granted what it termed a “last chance” or “no further time” to file required counter-affidavits, emphasising the urgency of compliance.
  • Where reports from the Central Empowered Committee or the Ministry of Environment and Forests were pending, the Court fixed firm deadlines and warned against further extensions.
  • In Item No. 314, the Court allowed IAs in accordance with a prior decision of the Standing Committee of the National Board for Wildlife (decision dated 8-6-2006, referenced through a Ministry letter dated 6-7-2006) and required the applicant to comply with the imposed conditions. No additional reasoning is articulated.
  • Certain matters were dismissed for non-prosecution when counsel or applicants failed to appear (e.g., Item Nos. 317 and 319).
  • With respect to Item No. 324, the Court granted leave to file an SLP, issued notice, ordered the respondent State to file a counter-affidavit within four weeks, and granted a two-month stay on dispossession and demolition of the petitioner’s building pending further hearing.

Holding and Implications

MULTIPLE INTERIM DIRECTIONS ISSUED

Through this consolidated order, the Supreme Court:

  • Granted additional but final extensions of time to several States and the Union Ministry to file affidavits or reports.
  • Maintained an existing interim order relating to Karnataka for one more month.
  • Allowed certain IAs subject to compliance with wildlife-related conditions.
  • Dismissed other IAs and SLPs for non-prosecution.
  • Granted protective stay relief in one SLP to prevent dispossession and demolition for two months.
The directions are largely procedural and case-specific; the order sets no new substantive precedent beyond enforcing compliance timelines in ongoing environmental and related litigation.

    Environment Awareness Forum v. State Of Jammu And Kashmir And Others

    Order

    Items Nos. 301 and 316: IAs Nos. 2, 9, 11-13, 16-20, 23, 24, 28, 29, 33-34, 37 of 2011 and CPs (C) Nos. 290-92 of 1998 and IAs Nos. 1117-18

    1. It is unfortunate that despite number of opportunities, the State of Jammu and Kashmir has not responded to the various averments made in these IAs. As a last chance, three weeks' time is granted to the State of Jammu and Kashmir to file its response.

    2. Post these IAs and contempt petitions after four weeks.

    Item No. 302: IA No. 3109 arising out of CP (C) No. 241 of 2011 in IA No. 1631

    3. As prayed for, three weeks' time is granted to the State of Karnataka to file counter-affidavit. Post this IA after three weeks. Interim order dated 5-8-2011 (2011) 14 SCC 816 passed by this Court to continue for one month.

    Item No. 303: IAs Nos. 3118-20

    4. The Central Empowered Committee is directed to file its report within four weeks.

    5. The Ministry of Environment and Forests is directed to produce the detailed report of the National Board for Wildlife including the dissenting views expressed by two of its members and the relevant files.

    6. Issue notice to the State of Gujarat. Ms Jesal, Advocate accepts notice on behalf of the State of Gujarat.

    7. Counter-affidavit, if any, be filed within two weeks. Post these IAs after four weeks.

    Item No. 304: WP (C) No. 514 of 2006

    8. Post this writ petition along with WP (C) No. 50 of 2008 for final hearing after two months.

    Item No. 305: SLP (C) No. 3941 of 2010

    9. Post this special leave petition for final hearing after two weeks.

    Item No. 306: SLP (C) No. 28519 of 2008

    10. At the request of the learned counsel for the petitioners, list this petition on 9-9-2011.

    Item No. 307: IAs Nos. 1287, 1570-71, 1624-25, 1978, 2395, 2795-96 in WP (C) No. 202 of 1995, etc.

    11. Mr Mohan Jain, learned Additional Solicitor General appearing for the Ministry of Environment and Forests submits that the affidavit will be filed within two days.

    12. It is made clear that no further time shall be granted to the Ministry of Environment and Forests to file its affidavit. Copy of the affidavit be served on the counsel appearing for the opposite side. Post these IAs on 9-9-2011.

    Item No. 308: IA No. 972 in IA No. 757, IAs Nos. 1042-45, 2949 in IA No. 757 and IA No. … in IA No. 757

    13. Mr S.K Jain, learned counsel appearing for the applicant Jan Kalyan Samiti resumed his submissions at 12.50 p.m and was on his legs when the Court rose for the day leaving the matter as part-heard.

    14. List on 9-9-2011 as part-heard.

    Items Nos. 309 and 310: IA No. 100 in WP (C) No. 337 of 1995 and IAs Nos. 1791-92 in WP (C) No. 202 of 1995

    15. Not taken up today.

    Item No. 311: IA No. 2469 with IAs Nos. 2782, 2939-40 and IAs Nos. 3023-24 in IAs Nos. 2782, 3030 and 3032

    16. List this matter on 16-9-2011 along with the main matter. In the meantime, parties may file their responses.

    Item No. 312: IAs Nos. 2202-03, IAs Nos. 2601 and 2915-17 in IAs Nos. 2202-03, 2602, 2929-31 with 1606, 2002-04, 2011, 2062-63 in 1220 in 548 in WP (C) No. 202 of 1995, etc.

    17. Mr Vivek Tankha, learned Additional Solicitor General appearing for the State of M.P seeks time to put concrete proposal with regard to the suggestions made by the Central Empowered Committee. He may file his proposal within four weeks.

    18. Post these IAs after four weeks.

    Item No. 313: IAs Nos. 2155-56 and 2680 in IA No. 2156

    19. As prayed for four weeks' time is granted to the State of Tamil Nadu to file counter-affidavit. It is made clear that no further time shall be granted to the State of Tamil Nadu to file its counter-affidavit.

    20. Post these IAs after four weeks.

    Item No. 314: IAs Nos. 2242-43

    21. IAs are allowed in terms of the decision dated 8-6-2006 of the Standing Committee of National Board for Wildlife which is incorporated in the Letter dated 6-7-2006 of the Ministry of Environment and Forests. The applicant shall comply with the conditions imposed by the Standing Committee of National Board for Wildlife.

    Item No. 315: IA No. 3117 in IA No. 1991

    22. As prayed for by Mr N.K Sharma, learned counsel appearing for the State of Himachal Pradesh, four weeks' time is granted to file counter-affidavit to the IA as well as to the report of the Central Empowered Committee. It is made clear that no further time shall be granted to the State of Himachal Pradesh to file its counter-affidavit.

    23. Post these IAs after four weeks.

    Item No. 317: IAs Nos. 1173 in IAs Nos. 77-78, 83 of 1997 and 1461

    24. This matter was called second time. None is present on behalf of the applicants. Consequently, these IAs are dismissed for non-prosecution.

    Item No. 318: IA No. 2066 arising out of CP (C) No. 133 of 2007

    25. At the request of Mr S.K Jain, learned counsel for the applicant, list this IA on 9-9-2011.

    Item No. 319: IAs Nos. 2848-50 and 2950

    26. None appears on behalf of the applicants. IAs Nos. 2848-50 and 2950 are dismissed for non-prosecution.

    Item No. 320: IAs Nos. 3121-22

    27. The Central Empowered Committee is directed to file its report within five weeks. Post these IAs after five weeks.

    Item No. 321: WP (C) No. 84 of 2004

    28. Ms Lalitha Kaushik, learned counsel appearing for the petitioners seeks permission of the Court to withdraw this writ petition. The writ petition is, accordingly, dismissed as withdrawn.

    Item No. 322: SLP (C) No. 15402 of 2010

    29. Post this special leave petition for final disposal after two weeks.

    Item No. 323: TP (C) No. 1159 of 2008

    30. Post these petitions along with IA No. 1572, etc.

    Item No. 324: SLP (C) No. … CC No. 14463 of 2011

    31. Permission to file special leave petition is granted. Issue notice. Dasti, in addition, is also permitted.

    32. The State to file counter-affidavit within four weeks. Meanwhile, there shall be stay of dispossession and demolition of the building of the petitioner for a period of two months.

    33. Tag with SLP (C) No. … CC No. 7816 of 2011.

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    Environment Awareness Forum v. State Of Jammu And Kashmir And Others
    (Sep 2, 2011)