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

    Order

    Item 301

    1. List the matter on next Friday.

    Item 302

    2. Post after one month for final hearing. Counter-affidavit and rejoinder-affidavit may be filed in the meanwhile.

    Item 303

    3. Copy of the report be made available to the learned counsel for the petitioner. Counter-affidavit by MoEF and PORT may be filed within three weeks. Post after three weeks.

    Item 304

    4. This application is preferred seeking denotifying of 3-1/8 acres of forest land situated at Plot No. 150 between Pillars Nos. 130 and 131 in Tanda Forest Block of Tarai Central Forest Division, Haldwani, District Nainital.

    5. When the matter came up for hearing on 14-11-2007, this Court in IAs Nos. 83 to 85, passed an order permitting the applicants to make an application before the Forest Advisory Committee and the Committee was directed to submit its report within six weeks.

    6. The learned counsel appearing for the applicant submits that the applicant had already moved the Advisory Committee but no decision has been taken so far.

    7. Under such circumstances, we direct the Forest Advisory Committee to submit its report before this Court within three weeks. Counter-affidavit, if any, by the State shall be filed before that time. List after three weeks. Communicate this order to MoEF and the Forest Advisory Committee.

    Item 305

    8. List the matter on next Friday.

    Items 306 to 309

    9. The applicants have approached this Court seeking directions to the State to grant necessary permission to relocate their sawmill from Village Dhanan, Tehsil Ranikhet, District Almora. The learned counsel appearing for CEC referred to this Court's order dated 5-5-1998 (1998) 6 SCC 190 and other later orders and submitted that the applicants can move the State Level Committee of the State of Uttarakhand. Considering the facts and circumstances of this case the applicants, if so advised may move the State Level Committee and the Committee shall examine and take a decision within two months from the date of receipt of this order taking into consideration, the various orders passed by this Court. All the applications are disposed of as above.

    Item 310

    10. The learned counsel appearing for the State of Rajasthan submitted that in view of the Notification issued by the Ministry of Environment and Forests (MoEF) on 25-6-2009, they are taking speedy steps to finalise the Zonal Master Plan for the eco-sensitive zone of Mount Abu. The learned counsel appearing for some of the citizens submitted that they may be given an opportunity to submit their response while finalising the Zonal Master Plan. The learned counsel for the State of Rajasthan submitted that all the interested parties could place their response to the Zonal Master Plan before the appropriate authority and the Zonal Master Plan would be finalised after considering their response.

    11. We direct that this final Zonal Master Plan be finalised within two months, and be placed before this Court.

    12. In the meanwhile, if there is any grievance, with regard to the repair, renovations, alteration, demolition, etc. of the houses, shops and other buildings, the same may be made to the Monitoring Committee as provided in the notifications and the Committee would consider the same and pass appropriate orders within six weeks from the date of receipt of the petitions.

    13. IAs Nos. 789-90, 962, 986, 1217-19, 2660-61, 2064, 2255-56 and 1536-38 are disposed of as referred to the Monitoring Committee. IAs Nos. 972 in 757, 1042-45, 2949 and IA No. … in 757 are adjourned for next Friday.

    14. Copy of the report of CEC may be made available to Mr Sushil Kumar Jain, Advocate.

    Item 311

    15. Stand over for next Friday.

    Item 312

    16. The learned counsel for the petitioner submits that he wants to file an affidavit. Affidavit, if any, be filed within a week. Post after one week.

    Item 313

    17. Stand over for next Friday.

    Item 314

    18. Post after two weeks.

    Items 315 & 316

    19. Stand over for next Friday.

    Item 317

    20. Post after one week.

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    T.N Godavarman Thirumulpad v. Union Of India And Others
    (Aug 19, 2011)