Order
IA No. 941 in IAs Nos. 754-55 with IAs Nos. 777, 1131-33, 1138-46, 1148, 1184, 1272, 1361, 1579-80, 2714-15 in WP (C) No. 202 of 1995 with WP No. (C) 356 of 2007
1. These applications relate to Orissa Saw Mills. The learned counsel appearing for the State, on instructions, submits that the matter is pending with the Law Ministry of the State of Orissa and the decision would be taken soon.
2. We hereby direct that the State should take a decision concerning the amendments in the Rules positively within six weeks.
3. Post the applications on 16-7-2010 along with the intervention application.
IA No. 972 in IA No. 757 with IAs Nos. 789-90, 962, 986, 1042-45, 1217-19, 1536-38, 2660-61, 2064 and 2255-56 in WP (C) No. 202 of 1995
4. As regards construction work in Mount Abu Area which is an eco-sensitive zone, the CEC has filed its report. MoEF has not filed its response so far.
5. MoEF is directed to give its response at the earliest.
6. Post the applications in the third week of July along with the connected writ petition.
IAs Nos. 1274-75, 2423-25, 2460-61, 2522-23, 2537-38 in WP (C) No. 202 of 1995
7. A large number of applications are pending with the Government for sawmill licences in the State of Bihar. The CEC has filed its report containing broad guidelines as regards the grant of sawmill licences. The State of Bihar has neither passed any final orders and nor has it prepared a seniority list as directed by this Court.
8. The State authorities are directed to prepare a seniority list of the eligible applicants who could be granted sawmill licences. The State should take action within a period of six weeks.
IAs Nos. 2213-15 in IAs Nos. 948-948-A in WP (C) No. 202 of 1995
9. The CEC has filed its report objecting to the grant of licence. The applicants would be at liberty to file their response within a period of four weeks. List in the second week of July.
IAs Nos. 2647, 2687-88, 2689, 2690, 2696-97, 2703-04, 2709 and 2718 in WP (C) No. 202 of 1995
10. No orders.
IAs Nos. 2664-65, 2860-61 in WP (C) No. 202 of 1995
11. Referred to the CEC for report. List in July.
IA No. 2672 in WP (C) No. 202 of 1995
12. The recommendations of the CEC are acceptable to Indian Oil Corporation and it is willing to fulfil the conditions laid down by the CEC in Para 10 of the Report which are as follows:
“10. Keeping in view all the past facts and circumstances and considering that the applicant is a public sector unit, that the damage done is containable, the following course of action is recommended:
(i) Out of 208.74 acres of land owned by Indian Oil Corporation at Village Manesar, Haryana, about 30.5 acres of land is stated to be not covered under the notifications issued under the PLPA, the Aravalli Notification or afforestation done or the Aravalli Project. This area may be allowed to be used by Indian Oil Corporation for industrial and other non-forest usages. The exact area may be verified by the authorities concerned of the State of Haryana;
(ii) Out of 162 acres of area of Indian Oil Corporation, notified under Section 5 of the PLPA, presently about 21 acre area is under industrial and other non-forestry uses. This area may be allotted to remain under non-forest uses subject to the applicant obtaining ex post facto approval under the Forest (Conservation) Act. The exact area falling in this category may be verified by the authorities concerned of the State of Haryana; and
(iii) No non-forestry uses be permitted in the balance area of Indian Oil Corporation. It should be maintained and retained as ‘forest’.”
13. Subject to fulfilling the above conditions, the application of Indian Oil Corporation is allowed and disposed of.
IAs Nos. 2746-48 with IA No. 2862 in IAs Nos. 2746-48 in WP (C) No. 202 of 1995
14. The CEC has filed its report. The State would like to file its response.
15. Six weeks' time is granted for the same. The recommendations of the CEC which are acceptable to the State Government can be complied with.
IAs Nos. 2797-99 in WP (C) No. 202 of 1995
16. Referred to the CEC for report. List after four weeks.
IAs Nos. 2854-55 in WP (C) No. 202 of 1995
17. Referred to the CEC for report.