Order
IA No. 2143 in WP (C) No. 202 of 1995
1. Pursuant to a series of orders passed by this Court for afforestation purpose, various agencies had deposited amounts by way of net present value (NPV) when the forest area were utilised for non-forest purposes. This amount is lying with the ad hoc Campa. The MoEF, the amicus curiae and CEC have discussed the matter and they have come up with a scheme as to how to utilise the deposited amount for the purpose of afforestation.
2. CEC has filed a report framing a scheme and the same has been placed before this Court for consideration. We have examined the scheme and accepted the following recommendations:
(A) The guidelines and the structure of the State Campa as prepared by MoEF may be notified/implemented. All previous orders passed by this Court regarding this would stand modified to the extent necessary for implementation of the present proposal.
(B) Substantial amount of funds have been received by the ad hoc Campa and sudden release and utilisation of this large sum all at one time may not be appropriate and may lead to its improper use without any effective control on expenditure. This Court considers it appropriate to permit the ad hoc Campa to release, for the time being, the sum of about Rs 1000 crores per year, for the next 5 years, in proportion of 10% of the principal amount pertaining to the respective State/UT as per the conditions given below:
(i) the details of the bank account opened by the State Executive Committee (in the nationalised bank) are intimated to the ad hoc Campa;
(ii) the amount towards NPV and the protected area may be released after the schemes have been reviewed by the State Level Executive Committee and the Annual Plan of Operation is approved by the Steering Committee;
(iii) the amount towards CA, additional CA, PCA and the Catchment Area Treatment Plan may be released in the respective bank accounts of the States/UTs immediately for taking up site specific works already approved by MoEF while granting prior approval under the Forest (Conservation) Act, 1980.
(C) An amount up to 5% of the amount released to the State Campa may also be released and utilised by the National Campa Advisory Council, for monitoring and evaluation and for the implementation of the various schemes as given in Para 19 of the guidelines on the State Campa. It is left to the discretion of the National Campa Advisory Council whether it wants to spend money directly or through the ad hoc Campa.
(D) The recommendations for the release of the additional funds, if any, will be made in due course from time to time after seeing the progress made by the State Level Campa and the effectiveness of the accounting, monitoring and evaluation systems.
(E) The State Accountant General shall carry out the audit of the expenditure done out of State Campa funds every year on annual basis.
(F) The State Level Executive Committee shall evolve an appropriate and effective accounting process for maintenance of accounts, returns and for audit.
(G) The interest received by the State Campa on the amounts placed at their disposal by the ad hoc Campa may be used by it for administrative expenditure.
(H) Till an alternative system is put in place (after obtaining permission from this Court) the money towards CA, NPV and protected areas (national parks, wildlife sanctuaries) shall continue to be deposited with the ad hoc Campa and its release will continue to be made as per the existing orders of this Court.
3. While carrying out the work of utilising these funds the broad guidelines adopted by Nrega may be followed and as far as possible work may be allotted mostly to rural unemployed people, maintaining the minimum wage level. CEC may file status reports as regards implementation of the scheme every six months.
IA No. 941 in IAs Nos. 754-55 with IAs Nos. 777, 1131-33, 1138-46, 1148, 1184, 1272, 1361, 1579-80 in WP (C) No. 202 of 1995 with WP (C) No. 356 of 2007
4. These matters relate to sawmills in the State of Orissa. This Court had earlier directed that there should be no sawmills within 10 km from the boundary of the forest area. Many of the sawmills in the State of Orissa were closed down. The applicants in IAs Nos. 1579 and 1580 also closed down their sawmills. We are told that some of the sawmills had obtained interim orders from the High Court but as those are contrary to the direction given by this Court, all those sawmills must also be closed down immediately.
5. We are told that Orissa Forest Corporation has its own sawmills and these mills are given on lease to private parties. Such practices shall be stopped forthwith. The State of Orissa to file a fresh affidavit to this effect within a period of four weeks. The State shall arrange to have an industrial estate and take urgent steps to this effect and shall also take steps to see that there shall be appropriate amendment to the Sawmills Rules of 1991. It shall file an affidavit to this effect. List on 21-8-2009.
IAs Nos. 1362-63 in Nos. 966 and 1012 in WP (C) No. 202 of 1995
6. By these interim applications, the applicant seeks modification of this Court's order dated 19-4-2004 (2009) 17 SCC 577, (2005) 4 Scale 508 passed in IAs Nos. 966 and 1012. The matter relates to the construction of Lower Subansiri Hydroelectric Project by NHPC. CEC has made some recommendations and subject to these recommendations the work has to be completed in the entire area of Lower Subansiri Project which will be declared as national park/sanctuary. This is accepted and an affidavit to this effect is filed by the Deputy Inspector General (Wildlife), Government of India wherein it is stated that any proposal in the upper stream of Subansiri River would be considered independently on its own merit by the Standing Committee as and when submitted by the proponents and the State Government would declare 168 sq km of reserve forest as sanctuary and make serious efforts to bring an additional area of 332 sq km reserved forests under the category of conservation reserve in consultation with MoEF. This suggestion is acceptable to the State Government and NHPC and subject to the following conditions the IAs are disposed of:
(i) approval under the Forest Conservation Act for the project has been granted inter alia on the condition that the entire area upstream of Lower Subansiri Project will be declared as national park/sanctuary;
(ii) the Standing Committee of IBWL has cleared the project on the condition that the reserve forest area in the catchment of the project will be declared as national park/sanctuary;
(iii) the conditions imposed by this Court are identical to the conditions on which the project has been cleared under the Forest Conservation Act and by IBWL. These conditions were known to the State of Arunachal Pradesh and a compliance report was also sent by them;
(iv) this Court's order is a consent order which reiterates the conditions already imposed by MoEF and to which applicant State had already agreed to comply with.
This is in continuation of the earlier order passed by this Court.
IAs Nos. 1868, 2091, 2225-27, 2380 and 2568 in WP (C) No. 202 of 1995
7. List on 4-9-2009.
IAs Nos. 2616-17 in 1620 and IA No. 2618 in Nos. 2245-46 in WP (C) No. 202 of 1995
8. Adjourned.
IA No. 36 in WP (C) No. 171 of 1996
9. No orders. IA No. 36 is disposed of.
IAs Nos. 2550 and 2569 in WP (C) No. 202 of 1995
10. List on 21-8-2009. CEC to file its report in the meantime.
IA No. 2579 in WP (C) No. 202 of 1995
11. Permission is sought for construction of fencing and a patrol road along the Indo-Bangladesh Border in Dampa Tiger Reserve, Mizoram. CEC has examined the feasibility and has suggested certain recommendations and also directed that NPV be collected from the agency concerned. As the project is for governmental purpose, NPV will be charged at the concessional rates. Subject to payment of NPV and subject to the following conditions imposed by CEC, the project is cleared:
(i) for the use of 69.29 ha of forest land approval under the Forest Conservation Act will be obtained;
(ii) NPV will be deposited as per the rates applicable for the use of forest/non-forest land falling within the national park/wildlife sanctuary;
(iii) the mitigative measures and the other conditions including the construction of animal corridors on which the project has been cleared by the Mizoram Forest Department will be strictly followed;
(iv) the conditions imposed by the Chief Wildlife Warden will be strictly complied with;
(v) the clearance from the Standing Committee of the National Board for Wildlife will be obtained; and
(vi) no stone quarrying and dumping of malba will be carried out inside the Dampa Tiger Reserve or any forest area falling outside it.
Subject to fulfilling of the above conditions, the IA is disposed of accordingly.
IA No. 2580 in WP (C) No. 202 of 1995
12. CEC has filed its report. The State of Goa seeks time to file a response to the report. Three weeks' time is granted for the same. List on 21-8-2009.
IA No. 2644 in IA No. 2386 in WP (C) No. 202 of 1995
13. List IA No. 2386 on 28-8-2009. IA No. 2644 is disposed of accordingly.
Court Masters