(Arun Mishra and Deepak Gupta, JJ.)
Writ Petition(s) (Civil) No(s). 202/1995, decided on March 11, 2019
In Re : T.N. Godavarman Thirumulpad ________________ Petitioner;
v.
Union of India and Others and Others _______________ Respondent(s).
(“Only”[1] Interlocutory Application No. 3840 (Disposed of)
[Application For Permission For Carrying out Silvicultural Felling of Trees]
In Re : Silviculture Felling of Trees in the State of Himachal Pradesh
[2] Interlocutory Application No. 3786 [Application For Directions]
In Re : Central Coalfields Ltd. (Piparwar Open Cast Project), Jharkhand
[3] Interlocutory Application No. 26893/2018 and 27160/2018 [Applications For Intervention and Directions]
In Re : Manoj Kumar Mishra
[4] Interlocutory Application Nos. 2710 and 2730 in I.A. No. 2710 – [Applications For Intervention and Directions Impleadment]
In Re : Bittu Sehgal and Ors. and Dharma Port Company Limited
[5] Interlocutory Application No. 25141/2019 [Application For Permission]
In Re :[Cec Report No. 4 of 2019 – Report of CEC in Appln. No. 1430/2018 Filed Before it by Ins India, Ministry of Defence]
In Re : Brar Square, Ministry of Defence
[6] Interlocutory Application Nos. 19008 and 19010/2019
[Applications For Impleadment and Directions]
In Re : Conservation Action Trust, Maharashtra
Writ Petition(s) (Civil) No(s). 202/1995
The Order of the court was delivered by
Order
I.A. NO. 3840 (DISPOSED OF)
IN RE: SILVICULTURE FELLING OF TREES IN THE STATE OF HIMACHAL PRADESH
1. Let the Report be circulated to learned counsel for the State as well as the Amicus.
2. However, on perusal, we feel that before we pass final orders on the Report, we feel it appropriate to pass interim orders to the following effect:
1) In case of diversion where approvals have been given by the DFOS but felling of trees has not been done, no felling of trees shall take place till next date of hearing;
2) There shall be no diversion of the forest lands allotted to a Protection Working Circle in any Working Plan under FRA and FCA till next date;
3) DFOS are restrained to exercise the power under Section 3(2) of FRA, 2006 till next date. Authorities to ensure that destruction of the valuable and precious forests of Himachal Pradesh does not take place in any manner whatsoever;
4) Let there be no diversion of forest for any non-forestry purpose processed under FCA regulations till the next date.
3. To issue new directions, let the matter come up on 01.04.2019. Objections, if any, be placed on record in the meantime.
IA No. 3786
IN RE: CENTRAL COALFIELDS LTD.(PIPARWAR OPEN CAST PROJECT), JHARKHAND
4. Since Mr. A.N.S. Nadkarni, learned Additional Solicitor General is not available today, list for hearing on 01.04.2019.
IA NO. 26893/2018 AND 27160/2018
IN RE: MANOJ KUMAR MISHRA
5. As prayed, since hearing by CEC has not been completed, list on 15.04.2019.
IA NOS. 2710 AND 2730 IN IA NO. 2710
IN RE: BITTU SEHGAL AND ORS. AND DHARMA PORT COMPANY LTD.
6. The applicant has no objection to recommendation No. 1 of Report dated 17.08.2010 and with respect to recommendation No. 2, the same is accepted.
7. Let the needful be done accordingly.
8. Accordingly, IA Nos. 2710 and 2730 stand disposed of.
IA NO. 25141/2019
IN RE: [CEC REPORT NO. 4 OF 2019- REPORT OF CEC IN APPL. NO. 1430/2018 FILED BEFORE IT BY INS INDIA, MINISTRY OF DEFENCE]
IN RE: BRAR SQUARE, MINISTRY OF DEFENCE
9. Let an affidavit be filed accepting the recommendations made by CEC in Report No. 4 dated 04.02.2019.
10. List on 01.04.2019
IA No. 19008/2019 and 19010/2019
IN RE: CONSERVATION ACTION TRUST, MAHARASHTRA
IA NO. 19008
11. Application for intervention with respect to IA No. 19010/2019 is allowed.
IA No. 19010/2019
12. Issue notice.
13. The notice is accepted by Mr. Nishant R. Katneshwarkar, learned counsel on behalf of respondent Nos. 1 and 2.
14. Issue notice to respondent No. 3
15. Dasti in addition.
16. List on 15.4.2019.
17. Reply be filed in the meantime.
———
