Order
IAs Nos. 2281-82
1. List on Friday, 24-10-2008. CEC may file its reply/response, if any, in the meantime.
IAs Nos. 991, 1004, 1185, 1273, 1280, 1294, 1443, 1611, 2018 and 2073, 2175, 2357 and IA No. 979 in IAs Nos. 443, 1204, 1245, 1357 and 2110, 2141
2. List on 19-12-2008.
IAs Nos. 2213-15 in IAs Nos. 948-948-A
3. Issue notice to CEC and State of Chhattisgarh. Response/report, if any, may be filed within four weeks.
IAs Nos. 2070, 2071, 2142 and 2387 in 2071, IA No. 2070
4. In the State of Bihar there is a wildlife sanctuary by name Valmiki Wildlife Sanctuary which is originally having an extent of 880 sq km and now it seems that the State seeks to reduce the extent to 840.26 sq km as part of the rationalisation of the boundary of the sanctuary.
5. CEC has examined the matter and filed a report wherein it is stated that this is a part of the north-western flank of the sanctuary and it contains low hill Sal and miscellaneous forests of high density with small grassy moist patches; tiger, leopard, wild boar, sloth bear, Sambhar and Cheetal are found in the area and the entire area is eco-fragile and sensitive and has bearing on critical wildlife habitat.
6. The State, if it is serious to reduce the area, may approach the MoEF Committee for rationalisation of the boundary and while considering this fact report of CEC also may be considered.
7. IA is disposed of accordingly.
IA No. 2071
8. The State seeks permission to divert 600.72 ha of land for Durgawati Reservoir Project. CEC has examined and has laid down the following conditions:
1. approval under the Forest Conservation Act will be obtained for use of the forest land;
2. the conditions on which the project has been recommended for approval by the Standing Committee of NBWL will be strictly complied with; and
3. five per cent of the revised estimate cost of the project will be deposited by the project authorities for conservation, protection and improvement of national parks and sanctuaries in the State of Bihar. For utilisation of the funds, a society under the chairmanship of the Chief Secretary, Bihar with the Principal Secretary (Forests), the Principal Chief Conservator of Forests, the Chief Wildlife Warden as its members and one officer not below the rank of the Chief Conservator of Forests as its Member-Secretary may be got registered. This amount along with the amount payable towards NPV, Catchment Area Treatment and Compensatory Afforestation should be deposited in an interest bearing account(s) in a nationalised bank(s) maintained by the Society and income received by way of interest should be used in perpetuity for conservation, protection and development of forest and wildlife in the State.
The said conditions are acceptable to the applicant.
9. Subject to the fulfilment of the above conditions, the project is cleared. IA is disposed of accordingly.
10. NBWL had earlier recommended that action be taken against some officers. But having regard to larger interest, no further action is required and we make it clear that no proceeding may be taken against the said officers. Consequently, IAs Nos. 2142 and 2387 are also disposed of.
IAs Nos. 1381, 1429, 1519-20, 1652-54, 1782-83, 1812, 1995-96, 1998-99, 2014 and 2120, IA No. 1381
11. This application is regarding functioning of unlicensed wood-based industries in the State of Haryana. CEC has examined the matter and the State has complied with all the recommendations of CEC and the State, as per the recommendations of CEC, has framed rules for giving/granting licences and it was stated that all steps are being taken for issuing licences. No further directions are required.
12. IA is disposed of accordingly.
IA No. 1429
13. In the State of Uttaranchal, there are certain plants of medium density fibre board (MDFB) which are not using the timber for this purpose. CEC has examined the matter and has made certain recommendations. The State has not raised any objections to the recommendations of CEC.
14. The application as regards Uttaranchal is disposed of.
15. List the application on 28-11-2008 as regards the State of Madhya Pradesh.
IAs Nos. 1519-20
16. There are large number of applicants to start the wood-based industries in the State of West Bengal. There are 2927 units seeking permission to start wood-based industries. The total timber available from the forest area was assessed to be 14.25 lakh cu m as against 25.52 lakh cu m assessed by the State Government. The available timber is adequate only to accommodate 750 sawmills.
17. CEC has suggested that as regards 750 sawmills, they may be given licences according to the guidelines and suggestions issued by it.
18. It is also noticed that there are several other wood-based industries which are operating only on the imported timber. CEC has suggested that these wood-based industries shall be located at such places which are away from the forest land and also to ensure that these wood-based industries are not using non-imported timber.
19. If these conditions are acceptable to the State Government, the State Government may process the applications in accordance with the guidelines and suggestions issued by CEC and issue licences based on the said guidelines/suggestions.
20. The interim order(s) passed by this Court on 18-5-2007 (2010) 13 SCC 325/27-7-2007 staying granting of licences is vacated. IAs are disposed of accordingly.
21. IAs Nos. 1652-54, 1782-83, 1812, 1995-96, 1998-99, 2014 and 2120 are also disposed of accordingly.
IA No. 1421 in 703
22. CEC to file its response within four weeks.
IA No. 941 in IAs Nos. 754-55 with IAs Nos. 777, 1131-33, 1138-46, 1148, 1184, 1272, 1361, 1579-80 and WP (C) No. 356 of 2007
23. List on 5-12-2008.
IA No. 2000-2000-A
24. The applicant to serve the unserved respondent State of Chhattisgarh. In addition, permitted to serve the Standing Counsel for the State.
25. Adjourned by four weeks.
IAs Nos. 2149-50 and 2153-54
26. It is submitted that the recommendations of CEC are acceptable to the applicant NHAI and the project is cleared subject to the fulfilment of suggestions/recommendations of CEC.
27. The applications are disposed of accordingly.
IAs Nos. 2147-48
28. List on 10-11-2008.
IAs Nos. 2245-46 in IA No. 1620 in IA No. 566 of 2002
29. Adjourned.
IAs Nos. 2287-88
30. Issue notice to CEC. CEC to file its response within four weeks.
IA No. 2342 in 2119 in 1483 in 548
31. In the State of Maharashtra, the Great India Bustard Wildlife Sanctuary, as on paper, is having an extent of 8496.44 sq km. But it is submitted by the learned Solicitor General of India, appearing for the State, that out of this area 347.63 sq km is effectively the wildlife sanctuary and out of this 347.63 sq km, 250.64 sq km is forest and 85.72 sq km is vacant land and 11.27 sq km is private land. Learned Solicitor General submits that they are carrying non-forest activities in the rest of the area including 347.63 sq km.
32. The rationalisation of the boundary of the sanctuary is to be finally decided based on the recommendation of the Committee constituted for the said purpose working under the MoEF. The Committee may take an early decision and based on the decision, the rest of the area which is excluded in such non-forest activities could be permitted.
33. We request the rationalisation committee to take a decision at the earliest at least within a period of four weeks.
34. List after six weeks.
IAs Nos. 2306-07 in IA No. 1785 in WP (C) No. 4677 of 1985
35. Issue notice. Notice shall also be issued to CEC.
IA No. 2198 @ Contempt Petition No. 125 of 2006 in IA No. 1785 in WP (C) No. 4677 of 1985
36. The State to file its affidavit within four weeks.
IA No. D-58737 in WP (C) No. 4677 of 1985
37. Adjourned.
IAs Nos. 1-3 in SLP (C) No. … CC No. 11166 of 2008
38. Permission to file SLP granted.
39. Issue notice to the State of Himachal Pradesh and CEC.
Court Masters