Latest Judgments

T.N. Godavarman Thirumulpad v. Union of India & Ors.

A. Environment Protection and Pollution Control — Environmental authorities — State Level Committees for Wood-Based Industries (SLC) — Constitution — SLC authorized to take decisions regarding the grant of license/permission to the wood-based industries — In some state/UT SLC has so far not been constituted — Held, SLC consisting of Principal Chief Conservator of Forests (chairman), a representative of Ministry of Environment and Forest and Climate Change and an officer of the State Forest Department/Industries Department not below the rank of the Chief Conservator of Forests/equivalent rank to be constituted immediately


B. Environment Protection and Pollution Control — Environmental authorities — Ministry of Environment and Forest and Climate Change (MoEFCC) — Wood-Based Industries — Powers — Nature and scope — MoEFCC is authorized to issue appropriate guidelines in conformation with the orders and directions issued by supreme court and also the existing guidelines to the SLCs relating to (i) assessment of timber availability for wood-based industries, (ii) grant of license/permission to the wood-based industries including addition of new machineries, (iii) utilization of amounts recovered from the wood-based industries and (iv) connected matters — Further, any person aggrieved by the decision taken by the SLC may file an appeal before the MoEFCC seeking appropriate relief within 60 days’ time and MoEFCC permitted to condone the delay, if any, in filing an appeal, if sufficient cause is made out


C. Environment Protection and Pollution Control — Environmental authorities — State forest departments — Wood-Based Industries — Utilisation of funds — Held, amounts recovered from wood based industries by the respective State Forest Departments must be utilized for the purpose of afforestation only — Direction to state forest departments TO intimate the amount spent by them for afforestation purpose to MoEFCC at the earliest


D. Environment Protection and Pollution Control — Environmental authorities — National Board for Wildlife (NBWL) — Powers — Nature and scope — Matters relating to national parks and wildlife sanctuaries — Held, all matters for grant of permissions for implementation of projects in areas falling in national parks/sanctuaries, including rationalization of boundaries etc. will be considered by standing committee of NBWL — Where there is already decision of the standing committee of NBWL shall abide the parties with all the conditions imposed therein — However, in pending matter, consideration must be in conformity with the orders and directions passed by supreme court from time to time including, Goa Foundation, (2014) 6 SCC 590 — Direction to NBWL to furnish copy of the orders passed by it to the Central Empowered Committee (CEC) within 30 days — Also, CEC, if aggrieved, may approach supreme courtourt by filing an appropriate petition/application


E. Environment Protection and Pollution Control — Environmental authorities — Ministry of Environment and Forest and Climate Change (MoEFCC) — Matters relating to exemptions from the payment of the Net Present Value (NPV) — Power — Matters transferred to MoEFCC which will consider applications for exemption for payment of NPV in accordance with law as expeditiously as possible — Further, aggrieved persons thereof may file an appropriate application/petition before the National Green Tribunal (NGT) within 60 days from the date of the order passed by the MoEFCC — Liberty to NGT to condone delay


 


F. Environment Protection and Pollution Control — Forest (conservation) act, 1989 — S. 16(e) — Appeal — Action that is taken by all the authorities relatable to the act are appealable under S.16(e) before the NGT — Held, matters pending before supreme court relating to compliance of the orders passed by it transferred to NGT for appropriate orders being passed by it, within 45 days — Direction to Chairman of the NGT to take appropriate decision to assign such matters to an appropriate bench/benches constituted all over the country.


 


G. Practice and Procedure — Environment Protection and Pollution Control — Matters transferred to principal bench of NGT — Directed to transfer four matters relating to (i) forest land involved in the mining leases transfer to J.P. Cement Ltd., (ii) Report of the CEC regarding Western Ghats (iii) construction of hotel at Mcleodganj on forest land and (iv) illegal felling of trees and road construction in wildlife sanctuaries in Karnataka to principal bench of NGT — Direction that these four matters to be decided by the principal bench of the NGT alone.

(Chief Justice, Arun Mishra and Adarsh Kumar Goel, JJ.)


 


301: Category I Matters Relating to Wood Based Industries:


 


T.N. Godavarman Thirumulpad ______________ Petitioner


 


v.


 


Union of India & Ors. _______________________ Respondent(s)


 


I.A. No. 2365 in 1406/2005 in Writ Petition(S)(Civil) No(S). 202/1995, decided on October 5, 2015


With


I.A. No. 3630/2013 in I.A. Nos. 1579-1580 in W.P. (C) No. 202/1995, I.A. No. 3051-3053/2011, 3423/2012 in W.P. (C) No. 202/1995, I.A. No. 3114-3116/2011 in W.P. (C) No. 202/1995, I.A. No. 3239-3240/2011 in W.P. (C) No. 202/1995, I.A. No. 3302-3304/2011 in W.P. (C) No. 202/1995, I.A. No. 3326-3328/2011, 3831/2014 in 3326-3328 in W.P. (C) No. 202/1995, I.A. No. 3350-3352/2012, 3374-3376/2012, 3377-3379/2012, 3380-3382/2012, 3383-3385/2012, 3386-3388/2012, 3416-3418/2012 with I.A. Nos. 3651-3653/2013 with I.A. Nos. 3549-3551/2013, 3578-3579/2013 in 3550 Alongwith I.A. Nos. 3399-3401/2012 with I.A. Nos. 3403-3405/2012, 3338-3340/2012, 3341-3343/2012, 3439-3441/2012 and I.A. Nos. 3738/2014 in 3383-3385, 3739/2014 in 3403-3405, 3741/2014 in 3350-3352, 3742/2014 in 3374-3376, 3743/2014 in 3399-3401, 3744/2014 in 3439-3441, 3753/2014 in 3341-3343, 3754/2014 in 3549-3551 in W.P. (C) No. 202/1995, I.A. No. 3358-3360/2012, 3442/2012, 3448-3449/2012, 3506-3509/2012 in W.P. (C) No. 202/1995, I.A. No. 3409-3410/2012 and 3412-3414/2012 in W.P. (C) No. 202/1995, I.A. No. 3277-3280/2011 with 3373/2012 & 3749/2014 and 3760/2014 in 3277-3280 in W.P. (C) No. 202/1995, I.A. No. 1708-1709, 2926 with 2912-2913 in W.P. (C) No. 202/1995, I.A. No. 3435-3437/2012 in W.P. (C) No. 202/1995, I.A. No. 3445-3447/2012 in W.P. (C) No. 202/1995, I.A. No. 3466/2012 in W.P. (C) No. 202/1995, I.A. No. 3493-3495/2012 in W.P. (C) No. 202/1995, I.A. No. 3499-3501/2012 and 3816/2014 in W.P. (C) No. 202/1995, I.A. No. 3530-3531/2012 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


I.A. No. 3534-3535/2012 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


I.A. No. 3548/2012 Alongwith 3858/2015 in W.P. (C) No. 202/1995


 


(For Directions)


 


I.A. No. 3558-3560/2013 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions/Stay and Exemption From Filing O.T.)


 


I.A. No. 3566-3567/2013, 3568-3569/2013, 3570-3571/2013, 3572-3573/2013, 3574-3575/2013, 3576-3577/2013 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Permission)


 


I.A. No. 3590-3591/2013 in W.P. (C) No. 202/1995


 


(For Impleadment & Directions)


 


I.A. No. 3602-3604/2013 in W.P. (C) No. 202/1995


 


(For Impleadment Further Directions & Exemption From Filing O.T.)


 


I.A. No. 3607-3609/2013 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions/Stay & Exemption From Filing O.T.)


 


I.A. No. 3637-3639/2013 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3648-3650/2013 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3654-3655/2013, 3656-3657/2013 and 3658-3659/2013 in W.P. (C) No. 202/1995


 


(For Impleadment & Directions)


 


I.A. No. 3663-3664/2013 in W.P. (C) No. 202/1995


 


(For Impleadment and Modification of Court’s Order Dt. 29.02.2008)


 


I.A. No. 3668-3670/2013 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3680-3681/2013 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


I.A. No. 3725-3727/2013, 3728-3730/2013 and 3731-3733/2013


 


In W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3746-3748/2014 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3757-3759/2014 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3761-3762/2014 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


I.A. No. 3768-3770/2014 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3771-3773/2014 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3774-3776/2014 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3777-3779/2014 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions/Stay and Exemption From Filing O.T.)


 


I.A. No. 3793-3795/2014 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Permission)


 


I.A. No. 3819-3822/2014 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3834-3836/2014 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 2870-2871/2010 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


Conmt. Pet.(C) No. 160/2012 in W.P. (C) No. 202/1995


 


(With Appln. (S) for Directions)


 


I.A. Nos. 3850-3851 in W.P. (C) No. 202/1995


 


(With Appln. (S) for Impleadment and Directions)


 


I.A. Nos. 3862-3863 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


302: Category II Matters Relating to National Parks/Wildlife Sanctuaries:


 


I.A. No. 1308/2005 and I.A. Nos. 1323/2005, 1455/2005 in I.A. No. 1308/2005, 1468/2006 in 1455/2005


 


And 1478/2006 in I.A. No. 1308/2005 in in W.P. (C) No. 202/1995


 


(For Directions, Intervention and Exemption From Filing O.T.)


 


I.A. No. 1606/2006 in W.P. (C) No. 202/1995


 


(For Clarification/Directions)


 


I.A. No. 2011/2007 in W.P. (C) No. 202/1995


 


(For Modification/Directions and Permission)


 


I.A. No. 2580/2009 and 2669 in I.A. No. 2580/2009 in W.P. (C) No. 202/1995


 


(Report of Cec in Appln. No. 1041 and Directions)


 


I.A. No. 2601/2009 in W.P. (C) No. 202/1995


 


(For Permission)


 


I.A. No. 2066/2007 @ C.P. No. 133/2007 in W.P. (C) No. 202/1995


 


I.A. No. 2202-2203/2008, 2915-2917/2010, 2929-2931 in 2202-2203/2008, 3308-3310/2011 in 2202-2203, 3422/2012 in 2929-2931 in W.P. (C) No. 202/1995


 


(For Directions, Exemption From Filing O.T., Intervention, Modification/Clarification of Recommondation of Cec Dt. 16.09.2008, Impleadment and Modification)


 


I.A. No. 2638-2639/2009 in W.P. (C) No. 202/1995


 


(For Permission and Exemtion From Filing O.T.)


 


I.A. No. 3067-3068/2011 in W.P. (C) No. 202/1995


 


(For Permission and Exemption From Filing O.T.)


 


I.A. No. 3364-3365/2012 in W.P. (C) No. 202/1995


 


(For Permission and Exemption From Filing O.T.)


 


I.A. No. 3565/2013 in W.P. (C) No. 202/1995


 


(For Directions)


 


I.A. No. 3610/2013, 3864-3866, 3867-3869 and 3870-3872 in W.P. (C) No. 202/1995


 


(For Directions, Impleadment and Exemption From Filing O.T.)


 


I.A. No. 3640/2013 in W.P. (C) No. 202/1995


 


(Report of Cec in Appln. No. 1236)


 


I.A. No. 3830/2014 in W.P. (C) No. 202/1995


 


(Report of Cec in Appln. No. 1346)


 


I.A. No. 3118-3120/2011 in W.P. (C) No. 202/1995


 


(For Impleadment, Permission and Exemption From O.T.)


 


I.A. No. 1574/2006 in W.P. (C) No. 202/1995


 


(Report of Cec in Appln. No. 845)


 


I.A. No. 3697/2013 in W.P. (C) No. 202/1995


 


(Report of Cec in Appln. No. 1364)


 


I.A. No. 3750-3751/2014 in W.P. (C) No. 202/1995


 


(For Intervention and Clarification/Modification of Order Dt. 06.02.2012)


 


I.A. No. 3783/2014 in 3675/2013 in W.P. (C) No. 202/1995


 


(For Clarification of Ct’s Order Dt. 21.10.2013)


 


I.A. No. 3789/2014 in W.P. (C) No. 202/1995


 


(For Directions and Permission)


 


I.A. No. 3807-3808/2014 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Permission)


 


I.A. No. 3817-3818/2014 in W.P. (C) No. 202/1995


 


(For Permission and Exemption From Filing O.T.)


 


I.A. No. 3824-3825/2014 in W.P. (C) No. 202/1995


 


(For Permission and Exemption From Filing O.T.)


 


I.A. No. 3837-3839/2015 in W.P. (C) No. 202/1995


 


(For Permission, Intervention and Exemption From Filing O.T.)


 


I.A. No. 3842/2015 in W.P. (C) No. 202/1995


 


(Report of Cec in Appln. No. 1375)


 


I.A. No. 3843/2015 in W.P. (C) No. 202/1995


 


(Report of Cec in Appln. No. 1385)


 


I.A. No. 3844 & 3861/2015 in W.P. (C) No. 202/1995


 


(Report of Cec in Appln. No. 1386 and Permission)


 


I.A. No. 3050/2011 in W.P. (C) No. 202/1995


 


(For Directions)


 


I.A. No. 3470/2012 in W.P. (C) No. 202/1995


 


(For Directions)


 


I.A. No. 3645-3647/2013 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Exemption From Filing O.T.)


 


I.A. No. 3700-3702/2013 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions & Exemption From Filing O.T.)


 


I.A. No. 3752/2014 in W.P. (C) No. 202/1995


 


(For Permission)


 


I.A. No. 3828-3829/2014 in W.P. (C) No. 202/1995


 


(For Permission and Exemption From Filing O.T.)


 


I.A. No. 3294/2011 in W.P. (C) No. 202/1995


 


(For Clarification of Order Dt. 12.12.1996)


 


I.A. No. 1373/2005 and 1389/2005, 1696/2006 in I.A. No. 1373/2005 in W.P. (C) No. 202/1995


 


(For Directions)


 


I.A. No. 2645/2009 in Application No. 1101 in W.P. (C) No. 202/1995


 


(For Permission)


 


I.A. No. 3694-3695/2013 in W.P. (C) No. 202/1995


 


(For Permission and Exemption From Filing O.T.)


 


I.A. No. 1697/2006, 2595-2596/2009 with 2002-2004/2007 in W.P. (C) No. 202/1995


 


(For Clarification/Modification of Order Dt. 14.02.2000 and Permission to Bring on Record Addl. Fact and Exemption From Filing O.T.)


 


I.A. No. 920/2003 in I.A. No. 703/2001 and 988/2003, 1129/2004, 1151/2004 in 920/2003 in W.P. (C) No. 202/1995


 


(For Intervention, Direction, Modification/Clarification of Order Dt. 25.08.2003 and Seeking Leave to Withdraw Affidavit of Fisheries Department & Forest Department)


 


W.P. (C) No. 337/1995


 


(With Appln. (S) for Directions and Vacating Stay and Directions and Directions and Directions and Directions and Directions and Intervention and Permission and Directions and Intervention and Exemption From Filing O.T. Permission and Permission and Permission)


 


With


 


Conmt. Pet.(C) No. 326/1998 in W.P. (C) No. 337/1995


 


W.P. (C) No. 672/1998


 


(Permission to File Addl. Documents on Record)


 


I.A. Nos. 179/2015, 185/2015 & 188/2015 in W.P. (C) No. 337/1995


 


(For Modification of Order Dated 27.01.2015 and Impleadment)


 


With


 


W.P. (C) No. 47/1998


 


(With Appln.(S) for Permission and Directions and Amendment of Prayer Portion and Restoration and Exemption From Filing O.T. and Office Report)


 


SLP (C) No. 1474/1998


 


(Exemption From Filing O.T. and Office Report)


 


I.A. No. S. 3846-3847/2015 in W.P. (C) No. 202/1995


 


(For Permission and Exemption From Filing O.T.)


 


I.A. No. 3852-3854/2015 in W.P. (C) No. 202/1995


 


(For Intervention, Permission and Exemption From Filing O.T.)


 


I.A. No. 3855-3857/2015 in W.P. (C) No. 202/1995


 


(For Intervention, Permission and Exemption From Filing O.T.)


 


303: Category – III: Matters Relating to Exemptions From The Payment of the NPV:


 


I.A. No. 2388/2008 in W.P. (C) No. 202/1995


 


(For Exemption From Payment of NPV)


 


I.A. No. 2506/2009 Alongwith I.A. No. 2666/2009 with I.A. No. 2673/2009 with I.A. No. 2737/2009 in W.P. (C) No. 202/1995


 


(For Exemption From Payment of NPV)


 


I.A. No. 2686/2009 in W.P. (C) No. 202/1995


 


(For Modification)


 


I.A. No. 2707/2009 in W.P. (C) No. 202/1995


 


(For Permission)


 


I.A. No. 2717/2009 in I.A. No. 1135-1136/2004 in W.P. (C) No. 202/1995


 


(For Directions)


 


I.A. No. 3212/2011 in W.P. (C) No. 202/1995


 


(For Exemption From Payment of NPV)


 


I.A. No. 3594-3596/2013 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions and Stay)


 


I.A. No. 3626/2013 in I.A. No. 2908-2909 in W.P. (C) No. 202/1995


 


(For Directions)


 


I.A. No. 3788/2014 in W.P. (C) No. 202/1995


 


(For Directions/Permission)


 


I.A. No. 3826/2014 in W.P. (C) No. 202/1995


 


(For Exemption From Payment of NPV)


 


I.A. No. 2781/2010 in W.P. (C) No. 202/1995


 


(For Directions)


 


I.A. No. 2247/2008 in W.P. (C) No. 202/1995


 


(For Directions)


 


304: Category IV: Matters Relating to Compliance of The Supreme Court Orders:


 


I.A. No. 3063/2011 in I.A. No. 1868/2007 in W.P. (C) No. 202/1995


 


(Report of Cec Regarding Lime Stone Mining & Export To Bangladesh)


 


I.A. No. 993/2003 in 836/2002 and 895/2003 in W.P. (C) No. 202/1995


 


(Recommendation of Cec in I.A. No. 836 & 895)


 


I.A. No. 2722-2725/2009 in W.P. (C) No. 202/1995


 


(For Intervention, Direction, Ex-Parte Ad-Interim Stay and Exemtion From Filing O.T.)


 


I.A. No. 976/203 in I.A. No. 727/2001 in W.P. (C) No. 202/1995


 


(Recommendation of Cec in I.A. No. 727)


 


I.A. No. 1157/2004 and I.A. No. 2085/2007, 3305/2011 in I.A. No. 1157 with I.A. No. 2743-2745/2009 in W.P. (C) No. 202/1995


 


(Report of C.E.C. for Appropriate Directions and Intervention and Impleadment, Stay and Exemption From Filing O.T.)


 


I.A. No. 2212/2008, 2272/2008 in 2212/2008 Alongwith I.A. No. 2362-2363/2008, I.A. No. 3062/2011 in I.A. No. 2212 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


W.P. (C) No. 688/2013


 


305: Category V: Matters for Formal Disposal:


 


I.A. Nos. 826/2002 and 955/2003. 958/2003 in 566/2000, 985/2003 in 826/2002, 1001-1001A/2003, 1013-1014/2003, 1016-1018./2003, 1046/2004, 1047/2004, 1137/2004, 1180-1181/2004, 1182-1183/2004 in 566/2000, 1196/2004 in 1046/2004, 1208-1209/2004, 1301-1302/2005, 1303-1304/2005, 1318/2005, 1319/2005, 1325, 1365-1366/2005, 1384/2005, 1441/2005, 1475-1476/2006, 1513/2005 in 566/2000, 1573/2006, 1597/2006 in 826/2002, 1634/2006 in 1441/2005, 1676/2006 in 566/2000, 1721/2007 in 1597/2006, 1785-1786/2007 in 1441/2005, 1993/2007, 2013/2007, 2074-2076/2007 in 566/2000, 2230-2231/2008 in 566/2000, 2240-2241/2008 in 1164/2004, 2820-2821/2010 in 1634/2006 in W.P. (C) No. 202/1995


 


(For Recommendation of C.E.C., Modification of Ct’s Order Dt. 29/30-10-2002, Directions/Modification, Clarification, Impleadment, Exemption From Filing O.T., Exemption From Depositing N.P.V., Intervention, Report of C.E.C. in I.A. No. 1137 & Elexation in N.P.V.)


 


I.A. No. 1179/2004 in 675-676/2001 and 957/2003 in 675-676/2001 in W.P. (C) No. 202/1995


 


(Recommendation of Cec)


 


I.A. No. 1757-1758/2007, 1858-1859/2007 in 1757-1758/2007 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions, Exemption From Filing O.T. and Injunction)


 


I.A. No. 2264-2267/2008 and 2268-2271/2008 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions, Interim Relief and Exemption From Filing O.T.)


 


I.A. No. 2616-2617/2009 in 1620/2006 in W.P. (C) No. 202/1995


 


(For Directions and Stay)


 


I.A. No. 2618/2009 in 2245-2246/2008 in W.P. (C) No. 202/1995


 


(For Restoration of I.A. Nos. 2245-2246)


 


I.A. No. 2775/2009 in W.P. (C) No. 202/1995


 


(For Directions)


 


306: (Mining (291 A’):


 


I.A. No. 2216/2008 in 2168/2007 in 1413/2005 and 2291-2292/2008 in 2168/2007, 2336/2008 in 2291-2292/2008, 2378/2008 in 2164/2008, 2379/2008 in 2167/2007, 2392/2008 in 2168/2007, 2428-2429/2008 in 2167/2007, 2430-2431/2008 in 2168/2007. 2479/2009 in 2392/2008, 2480/2009 in 2379/2008, 2511/2009 in 2439/2008, 2534/2009 in 2439/2008, 2541/2009 in 2167/2007 in W.P. (C) No. 202/1995


 


(For Impleadment, Directions, Permission to File Addl. Affidavit, Intervention and Modification)


 


I.A. No. 1493/2006 @ C.P. No. 280/2003 in W.P. (C) No. 202/1995


 


I.A. No. 1768/2007 Alongwith 1426/2005 in W.P. (C) No. 202/1995


 


(For Directions)


 


I.A. No. 3802-3803/2014 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


I.A. No. 1595-1596/2006 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


I.A. No. 2348-2349/2008 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


I.A. No. 3497-3498/2012 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


Category – Vi: Matters Proposed for Transfer to Ngt


 


307: VI(1): Forest Lands Involved in the Mining Leases Transfer to JP Cement Ltd.


 


I.A. No. 2782/2010, 2939-2940/2010 in 2782, 3023-3024/2011 With 2469/2009, 3030/2011 & 3032/2011 in I.A. No. 2939-2340, 3877 in 2469 in W.P. (C) No. 202/1995


 


(For Permission, Intervention, Directions, Exemption From Filing O.T. and Permission to Bringing Addl. Documents On Record, Interim Directions and Permission to File Addl. Affidavit)


 


W.P. (C) No. 130/2011


 


(Office Report)


 


308: Vi(2) Report of the Cec Reg. Western Ghats:


 


I.A. No. 3620/2013 in W.P. (C) No. 202/1995


 


(Report of Cec in Appln. No. 1209)


 


Vi(3) Construction of Hotel at Mcleodgang on Forest Land in Violation of Fc Act:


 


I.A. No. 1991/2007, 3117/2011 in W.P. (C) No. 202/1995


 


(For Directions and Setting Aside Repoprt of C.E.C. Dt. 18-09-2008)


 


Vi(4) Illegal Felling of Trees and Road Construction in Wildlife Sanctuaries in Karnataka:


 


I.A. No. 2530-2531/2009 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


311:


 


I.A. Nos. 3799-3801/2014 in W.P. (C) No. 202/1995


 


(For Intervention and Directions and Exemption From Filing O.T.)


 


314:


 


I.A. Nos. 3875-3876 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


315:


 


I.A. Nos. 3889-3890 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


316:


 


I.A. Nos. 3912-3913 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


317:


 


I.A. Nos. 3914-3915 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions/Permission)


 


318:


 


I.A. Nos. 3859-3860 in W.P. (C) No. 202/1995


 


(For Impleadment and Directions)


 


The Order of the court was delivered by


Order


 


1. On our request, Shri Harish Salve, the learned amicus curaie has given us a brief note on the matters pending before the Green Bench in different categories. He has also made certain suggestions for early disposal of those matters. He has exchanged the aforesaid note with Shri Ranjit Kumar, the learned Solicitor General of India, who represents the Union of India, Shri K.K. Venugopal, learned senior counsel, who appears for some of the parties.


 


2. The learned amicus has classified the matters pending before the Green Bench under different heads such as: i) matters relating to wood based industries, ii) matters relating to National Parks/Wildlife sanctuaries, iii) matters relating to exemptions from the payment of the NPV etc. etc.


 


3. We intend to take up the First Category, viz. Matters relating to Wood based industries.


 


CATEGORY I – MATTERS RELATING TO WOOD BASED INDUSTRIES:


 


4. We have heard Shri Harish Salve, learned amicus curiae, Shri Ranjit Kumar, learned Solicitor General of India, Shri K.K. Venugopal, learned senior counsel and other learned senior counsel/counsels. Accordingly, we pass the following orders:


 


(i) The State Level Committees for Wood-Based Industries (“SLCs”) are, subject to the compliance of the prescribed guidelines and procedure, authorized to take decisions regarding the grant of license/permission to the wood-based industries;


 


(ii) In each State/UT for which the SLC has so far not been constituted, the SLC under the Chairmanship of the Principal Chief Conservator of Forests with a representative of the Ministry of Environment and Forest and Climate Change (“MoEFCC”) and an officer of the State Forest Department/Industries Department not below the rank of the Chief Conservator of Forests/equivalent rank will immediately be constituted;


 


(iii) The MoEF is authorized to issue appropriate guidelines in conformation with the orders and directions issued by this Court and also the existing guidelines to the SLCs relating to assessment of timber availability for wood-based industries and grant of license/permission to the wood-based industries including addition of new machineries and also utilization of amounts recovered from the wood-based industries and connected matters;


 


(iv) Any person aggrieved by the decision taken by the SLC may file an appeal before the MoEFCC seeking appropriate relief within 60 days’ time. If, for any reason, any person is aggrieved by the orders so passed in the appeal, he may prefer an appropriate petition/application/appeal before the appropriate forum/Court for grant of appropriate relief(s).


 


5. We also permit the MoEFCC to condone the delay, if any, in filing an appeal, if sufficient cause is made out by the applicant(s)/appellant(s).


 


6. The amounts lying with the respective State Forest Departments (recovered from wood based industries) will be utilized for the purpose of afforestation only.


 


7. The respective State Forest Departments will intimate the amount(s) spent by them for afforestation purpose to MoEFCC at the earliest.


 


8. With the aforesaid observations and directions, we dispose of the Interlocutory Applications/matters specified in Annexure-I to the note supplied by Shri Harish Salve, learned amicus curiae.


 


II. MATTERS RELATING TO NATIONAL PARKS AND WILDLIFE SANCTUARIES:


 


9. Now we come to matters relating to National Parks and Wildlife Sanctuaries.


 


10. At the time of hearing on the aforesaid subject, certain suggestions are made by the learned amicus curiae and other senior counsels. By incorporating them, we pass the following order(s):


 


All matters for grant of permissions for implementation of projects in areas falling in National parks/sanctuaries, including rationalization of boundaries etc. will be considered by the Standing Committee of the National Board for Wildlife (“NBWL”) on its own merits and in conformity with the orders and directions passed by this Court from time to time, i.e. on 14.02.2000, 16.12.2002, 13.11.2000, 9.5.2002, 25.11.2005 and 14.09.2007 and other subsequent clarificatory orders/judgment(s) passed by this Court including the Goa Foundation Judgment, i.e. Goa Foundation v. Union of India, reported in (2014) 6 SCC 590.


 


11. We request the NBWL to furnish a copy of the orders passed by it within 30 days’ time to the C.E.C. The C.E.C. is at liberty, if, for any reason, they are aggrieved by the decision of the Standing Committee of NBWL to approach this Court by filing an appropriate petition/application.


 


12. In all those matters where there is already decision of the Standing Committee of the NBWL shall abide the parties with all the conditions imposed therein.


 


13. If any party is aggrieved by the decision of the Standing Committee of the NBWL, they are at liberty to approach an appropriate forum for appropriate relief(s).


 


14. De-link I.A. Nos. 2202-2203/2008, 2915-2917/2010, 2929-2931 in 2202-2203/2008, 3308-3310/2011 in 2202-2203, 3422/2012 in 2929-2931 in W.P. (C) No. 202/1995 and list separately.


 


15. With the aforesaid observations and directions, we dispose of the Interlocutory Applications/matters specified in Annexure-II to the note supplied by Shri Harish Salve, learned amicus curiae.


 


16. De-link I.A. NO. 3819-3822/2014 In W.P. (C) NO. 202/1995 and list separately.


 


CATEGORY-III: MATTERS RELATING TO EXEMPTIONS FROM THE PAYMENT OF THE NPV:


 


17. Various applications have been filed by different applicants to exempt them from payment of Net Present Value (‘NPV’). Now all those applications will be transferred to MoEFCC by the Registry within 45 days’ time from today. The MoEFCC will consider those applications in accordance with law as expeditiously as possible.


 


18. If, for any reason, any person is aggrieved by the said decision, he shall be free to file an appropriate application/petition before the National Green Tribunal ‘NGT’) within 60 days’ time from the date of the order passed by the MoEFCC.


 


19. Liberty is reserved to NGT to condone the delay, if any, in approaching it within the time granted by us if a satisfactory explanation is offered by the applicant/petitioner.


 


20. With the aforesaid observations and directions, we dispose of the Interlocutory Applications/matters specified in Annexure-III to the note supplied by Shri Harish Salve, learned amicus curiae.


 


I.A. Nos. 3910, 3911 of 2015 in I.A. No. 3806/2014 in I.A. No. 3610/2013 in W.P. (C) No. 202/1995:


 


21. Taken on board.


 


22. We permit the applicant-Sagar Powertex Pvt. Ltd. to deposit the NPV with the Chief Conservator of Forests and Field Director, Sahyadri Tiger Reserve, Kolhapur within a week’s time from today. If such deposit is made within the time granted by this Court, the authorities will not take any objection for such deposit and will accept the same.


 


23. With the aforesaid observations and directions, the I.A.s are disposed of.


 


CATEGORY IV: MATTERS RELATING TO COMPLIANCE OF ORDERS OF THIS HON’BLE COURT:


 


24. There are also several matters pending before this Court relating to compliance of the orders passed by this Court. The action that is taken by all the authorities relatable to the Forest (Conservation) Act, 1989 are appealable under Section 16(e) before the National Green Tribunal Act, 2010.


 


25. Registry is directed to transfer all those matters to the NGT for appropriate orders being passed by it, within 45 days’ time from today. Once these matters are received by it, the Chairman of the NGT will take an appropriate decision to assign these matters to an appropriate Bench/Benches constituted all over the country.


 


26. With the aforesaid observations and directions, we dispose of the Interlocutory Applications/matters specified in Annexure-IV to the note supplied by Shri Harish Salve, learned amicus curiae.


 


V. MATTERS FOR FORMAL DISPOSAL:


 


27. Adjourned.


 


VI. FOUR MATTERS TO BE TRANSFERRED TO N.G.T.:


 


28. Insofar as these matters are concerned, the Interlocutory Application(s) related to these four matters will be decided by the Principal Bench of the N.G.T. alone.


 


29. Registry is directed to transfer the I.A.s in the following four matters, namely: (1) Forest land involved in the mining leases transfer to J.P. Cement Ltd.;(2) Report of the CEC regarding Western Ghats; (3) Construction of Hotel at Mcleodganj on forest land in violation of the Forest (Conservation) Act, 1980; and (4) Illegal felling of trees and road construction in Wildlife sanctuaries in Karnataka.


 


30. We request the learned Chairman of the Principal Bench of the N.G.T. to hear the aforesaid matters in a Bench presided over by him.


 


31. All the contentions of all the parties are kept open to be agitated before the said forum.


 


32. The I.A.s relating to these four matters are detailed in the Annexure VI viz.VI(1), VI(2), VI(3) and VI(4) to the note supplied by Shri Harish Salve, learned amicus curiae and are disposed of accordingly.


 


33. Mr. A.D.N. Rao, learned counsel, is requested to furnish the appropriate revised annexures as early as possible.


 


34. The remaining matters, i.e. Categories VII, VII(1) TO VII(11), which are mentioned in para 15 of the note supplied by Shri Harish Salve, amicus curiae, shall be heard by the Green Bench at an appropriate date.


 


NEWLY ADDED MATTERS (WHICH ARE SHOWN SEPARATELTY BY WAY OF NOTICE):


 


35. Taken on board.


 


36. The aforesaid matters are also disposed of, in the aforesaid terms/observations/directions.


 


(LIST OF ANNEXURES ALONG WITH NEWLY ADDED MATTERS (WHICH ARE SEPARATELY SHOWN BY WAY OF NOTICE) ARE ANNEXED)


 


ANNEXURE – I


 


I. MATTERS RELATING TO WOOD BASED INDUSTRIES


 


Part-A-Number of I.As. in W.P(C)202/1995 – 204


 


Number of Contempt Petition – 1
































































































































































































Sl. No.


I.A. No.


Subject Matter


1.


2365/08 in 1406/05


Relating to issuance/renewal of licence of saw mills in the State of Manipur.


2.


3630/2013 in 1579-1580


Direct the respondent State and its officials to rehabilitate the members of the applicant by fully implementing the directions passed by this Hon’ble Court contained in the orders dt. 10.07.2009 and 07.05.2010 in 1579-1580 (filed by Mr. Parmanand Gaur on b/o Odisha Saw mills owners)


3.


3051-3053/2011, 3423/2012 in W.P. (C) 202/1995


Application for appropriate order/direction to Respondent to furnish details of all wood based industries functioning in the State of Kerala.


4.


IA. 3114-3116/2011


Direct the Central Empowered Committee to reconsider its decision dt. 17.03.2010 of Approving 45 illegally operating Chipper units established after July 2006.(Chipper Assoc. Jagadhari)


5.


IA. 3239-3240/11


Regarding directions to the officials respondents to grant Saw mills license to the applicant in the same term as granted to Gulam Rasool Working under same DFO Behraich.(on b/o Mohd. Mateen filed by Mrs. Rani Chhabra) (U.P.)


6.


3302-3304/11


Regarding directions that the condition of distance of 10 kms. From nearby forest is not applicable to applicant’s saw mill unit falling in Nagar Palika Area(on b/o Shanti Agro Products filed by Ms. Rani Chhabra) (U.P.)


7.


3326-3328/11, 3831/2014 in 3326-3328 (argue in person), 3887 in 3326-3328


Regarding issuance a licence to run the saw mill of 10 K.W. for the running of his small scale industry(filed by Mr. Yash Pal Dhingra on b/o Shama Agricultural Kasht udyog.) (U.P.) (Now Petitioner-in-Person Appearing in the Matter)


8.


3350-3352/2012, 3374-3376/12, 3377-3379/12, 3380-3382/12, 3383-3385/12, 3386-3388/12, 3416-3418/2012 with 3651-3653/2013, with 3549-3551/2013, 3578-3579/13 in 3550 alongwith 3399-3401/2012


 


WITH


 


3403-3405/2012


 


3338-3340/2012


 


3341-3343/2012


 


3439-3441/2012


Directed to be listed a/w 3399-3401/2012 on 13.07.2012


 


3738/14 in 3383-3385, 3739/14 in 3403-3405, 3741/14 in 3350-3352, 3742/14 in 3374-3376, 3743/14 in 3399-3401, 3744/14 in 3439-3441, 3753/14 in 3341-3343, 3754/2014 in 3549-3551


 


Direct the respondents to withdrawal/cancel/quash the order 30.8.2011/28.02.2011 passed by the DFO Awadh, Forest Division Lucknow, for cancellation of Saw Mill license and the order of its further re-location(filed by Mr. Alok Shukla on b/o saiyed faiz qamar)


 


For setting aside the order dated 16.08.2012 and 25.10.2011 passed by Member Secy., SLC and Office order no. 633 dated 10.09.2012 cancelling the licence and direction to the authorities to relocate the saw mill and transfer the licence in favour of the applicant.(filed by Mr. Manoj Kr. Mishra on b/o Mohd. Zafar, U.P.)


 


Directing the respondents to permit the applicant to run their saw mills at the existing site i.e. Relocated site and quash the notice dt. 6.4.2011 and 19.08.2011 issued by the office of Divisional Director, Social Forestry division, U.P.(filed by Mr. Vivek Gupta on b/o Babu Lal & Anr.)


9.


3358-3360/2012, 3442/2012, 3448-3449/2012, 3506-3509/12(CDs), 3905/2015 in 3358-3360


Regarding directions to stop operation of illegal saw mills in Jagdalpur circle Distt. Dantewada, Chhattisgarh and in particular stop the operation of Shri Ram Saw Mill near reserved forest area(filed by Mr. Sridhar Potaraju on b/o Rajeenish Kapur)


10.


3409-3410/2012 & 3412-3414/2012


Regarding direction to the respondent to grant permission to the applicant to operate the saw mill and direction to the concerned authority to issue licence of the saw mill to the applicant(filed by Dr. Kailash Chand on b/o parshuram Jaiswal and Shiv Prasad Chaurasia) (U.P.)


11.


3277-3280/11 with 3749/2014 and 3760/2014 in 3277-3280


Direct the concerned authorities to grant permission to the applicants above named for operting their respective Saw Mills (on behalf of M/s. Chetak Steel & wood Products filed by Dr. Kailash Chand)


12.


1708-1709, 2926 in W.P. (C) No. 202/95


 


with


 


2912-2913 in W.P. (C) No. 202/95


Andhra Pradesh Saw Mills Matter


 


I.As. Ordered/Disposed of on 25.10.2010


 


Report/Recommendation of the CEC in compliance of the Order dated 25.10.2010 passed by this Hon’ble Court directing the CEC to consider the applications filed by the Applicants herein before the CEC for grant of Saw Mill Licence.


13.


3435-3437/2012


Regarding direction to the respondent to grant permission to set up a unit of Particle Board-cum-Flush door-cum-plywood at the Kosmi Industrial estate, Betal(MP) for utilizing the waste and veneer generated by its existing veneer unit(filed by Mr. Himanshu Shekhar on b/o M.P. Veneer)


14.


3445-3447/2012


Regarding directions to the respondent to consider the case of the applicant for grant of fresh saw mills license or license in lieu of old license on the terms and conditions imposed by the respondents(filed by Ms. Rani Chhabra on b/o Ved Prakash) (U.P.)


15.


3466/2012


For intervention, quashing and setting aside the impugned orders dated 19.03.2012 and 23.04.2012 and direct that the applicants are permitted to continue operating their plywood and veneer units without the condition of surrender of their Saw Mill licences. (filed by Mr. Anil Shrivastav on b/o M/s. New India Enterprises & Ors.) (U.P.)


16.


3493-3495/2012


To direct the Respondent Nos. 2 to 3 to issue a licence to run the saw mill of 25 HP for the running of his small scale industry(filed by Mr. Jatin Zaveri on b/o Ms. Radhika Devi) (U.P.)


17.


3499-3501/2012 & 3816/14*


To direct the recommendation as contained in Para 8 (vii, viii) of Report(interim) of the CEC in IA 2423-2425, 2971-73, 2984-86, 3040-42 & 3135-36 dated 09.03.2012 excludes District Bana from the relocation exercise in terms of recommendation & directions of CEC dated 31.05.2006 in Appln. 565 & Approve grant of licence of saw mill to the applicants by State of Bihar as per seniority list dated 23.10.2010 (filed by Mr. Rajesh Singh on b/o Mahendra Prasad Sharma) (Bihar)


 


*For Modification of Court’s Order dated 30.03.2012 (filed on 16.09.2014 by Mr. Rajesh Singh, Advocate on b/o Mahendra Prasad Sharma & Ors.)


18.


3530-3531/2012


For quashing the resolution No. 2563 dated 16.08.12 issued by Deptt. of Environment & Forests, Govt. of Bihar reg. Seniority list of surplus licenced saw mills with regards to relocation of excess number of saw mills and directing the State of Bihar to make a fresh seniority list etc.(filed by Dr. S.K. Verma on b/o M/s. Bhargo Timber & Ors.


19.


3534-3535/2012


Direct the concerned department or authority or committee to grant permission for the existing micro unit of applicant’s saw mill for carrying out sizing at imported timber and domestic wood works, seasoning and sawing frames of windows door’s earning works further sea fold timber(filed by Mr. R. Sathish on b/o K Mariappan) (Tamil Nadu)


20.


3548/2012 and 3858/2015 in 3548


Direct the respondent to consider and grant approval for re-opening the applicant members associations saw mills in the category of units on condition that they exclusively run only on the imparted timber and not indulging in any activity interfering with or eroding any forest cover(filed by Mr. Rakesh Kr. Sharma on b/o Tamil Nadu timber merchants saw mills owners federation)


 


To direct the CEC to consider and grant approval for issuance of temporary licenses to the applicant Federations Saw Mills pending the final outcome of the assessment study; (b) to direct the State Level Committee to process the application filed by the petitioner Members for grant of license for vertical band saw mills as directed by the CEC vide its members of the meeting dated 29.07.2013


21.


3558-3560/2013


For quashing the notification NO. 2563 dated 16.08.2012 issued by Deptt. of Environment & Forest, Govt. of Bihar, whereby and whereunder it has been decided that unlicensed saw mill, whose applications for grant of licence are pending consideration for a very longer time before the licensing authorities and licences were not granted without assigning any reason, will be ousted and will not be included in the seniority list of saw mills(filed by Mr. Himanshu Shekhar on b/o Vishwakarma kastha shilpi vikas samitee, Bihar)


22.


3566-3567/2013, 3568-3569/13, 3570-3571/13, 3572-3573/13, 3574-3575/13 & 3576-3577/13


Directing the concerned respondent to allow the applicant to continue its secondary manufacturing activities of Flush Door by quashing the notice dated 14.12.2012 & grant appropriate licence since to be applicants’ pasting unit (filed by Mr. Himanshu Shekhar on b/o M/s. New Ambica Agrotech & ors.(Andhra Pradesh)


23.


3590-3591/2013


For referring the matter to CEC and pass appropriate orders after receiving its report relating to the renewal of licence of the Veneer Unit(filed by Mr. C.N. Sreekumar on b/o N.P. Unikrishnan) (Kerala)


24.


3602-3604/2013


For quashing the order dt.18.05.2011 passed by the DFO, South Kheri Forest Division, Lakhinpur Kheri, U.P. whereby the DFO directed the Petitioner to surrender his saw mill licence No. 53/Shardanagar of the applicant and etc. Etc.(filed by Mr. Vivek Gupta on b/o Vishnu Wood Products)


25.


3607-3609/13


Quash notification No. 2563 dated 16.08.2012 issued by Deptt. of Environment and Forest, Govt. of Bihar, Patna whereby and where-under it has been decided that unlicenced saw mills, whose applications for grant of lincense are pending consideration for a very longer time before the lincensing authorities and licenses were not granted without assigning any reason, will be ousted and will not be included in the seniority list of saw mills etc. Etc. (filed by Mr. Himanshu Shekhar, Adv. On b/o Shankar Chirai Mill)


26.


3637-3639/2013


Direction to manufacture doors & boards at itx existing unit at Kosmi Industrial Estate, Betal(M.P) by utilizing the waste and veneer generated by its existing veneering unit(filed by Mr. Himanshu Shekhar on b/o M/s. M.P. Veneers(MP)


27.


3648-3650/2013


Quash the notices dt. 4.4.2011 and 20.08.2011 issued by the office of Divisional Forest Officer, Gonda Forest Division, whereby the applicant have been directed to close down their saw mill unit(filed by M/s. Vidhi International on b/o Mohd. Umar, U.P.)


28.


3654-3655/2013, 3656-3657/2013 & 3658-3659/2013


To direct the respondent authorities to grant licence of saw mills to the applicant under Bihar saw mills(regulations) Act, 1990 on the basis of timber availability of “Tar” Trees etc.(Filed by Mr. S.K. Verma on behalf of Saudagar Mistri and others)


29.


3663-3664/2013


Modify the condition No. 1 of the order dated 29.02.2008 passed by this Hon’ble Court thereby waiving/exempting the requirement of deposit of Rs. 30 lakhs for establishment of Hallow Board Unit(filed by Mr. Himanshu Shekhar on b/o M/s. Uma Panel Board P LTd. Gujarat


30.


3668-3670/2013


Direct the State of UP/Principal Conservator of Forest, UP and the Conservator of Forests and Divisional Director Forests, to grant permission to re-open and operate the saw mill(wood cutting and shaping machine(Filed by Mr. S.S. Nehra on b/o Mr. Sushil Kumar Tiwari)


31.


3680-3681/2013


Directions upon the respondent authorities to grant licence to the applicants for secondary units of wood based industries upon payment of licence fees and other fees (filed by Mr. Bijan Ghosh on behalf of M/s. Annapurana plywood unit II(West Bengal)


32.


3725-3727/13, 3728-3730/13 & 3731-3733/2013


I.A. No. 3725-3727


 


Interlocutory Applications for Impleadment, Directions and Exemption from filing O.T. filed by Mr. Alok Shukla, Advocate on behalf of M/s. Diamond Wood industry, praying therein as under:


 


(i) Direct the State Level Committee to recall the decision of delisting the applicant unit dated 26.06.2013; and/or


 


(ii) Direct the SLC to list again the applicant sawmill/veneer unit prepared for issuance of license;


 


(iii) Direct the respondents to issue the license to the applicant.


 


I.A. No. 3728-3730


 


Interlocutory Applications for Impleadment, Directions and Exemption from filing O.T. filed by Mr. Alok Shukla, Advocate on behalf of M/s. R.A. Wooden Industries, praying therein as under:


 


(i) Direct the State Level Committee to recall the decision of delisting the applicant unit dated 28.06.2013; and/or


 


(ii) Direct the SLC to list again the applicant sawmill/veneer unit in list;


 


(iii) Direct the respondent to issue license in favour of the applicant.


 


I.A. No. 3731-3733


 


Interlocutory Applications for Impleadment, Directions and Exemption from filing O.T. filed by Mr. Alok Shukla, Advocate on behalf of M/s. A.S. Plywood Industry, praying therein as under:


 


(i) Direct the State Level Committee to recall the decision of delisting the applicant unit dated 26.06.2013; and/or


 


(ii) Direct the SLC to list again the applicant sawmill/veneer unit prepared for issuance of license;


 


(iii) Direct the respondents to issue the license to the applicant.


33.


3746-3748/2014


Seeking directions to the Respondent for granting of the licence for functioning of the saw mill.(filed by Mr. Anoop Kumar Srivastava on b/o Wasiq Ahmad)


34.


3757-3759/2014


Set aside the order dated 19.08.2011 passed by the Divisional Director Social Forestry division, Bulandshahar & permission to operate its saw mill situated at the present place, being 10 km. Away from the forest area(filed by Mr. Manoj Kr. Mishra on b/o Amit Goyal & Anr)


35.


3761-3762/2014


(i) Direct the respondent-State Govt. to renew/grant the licenses to the applicant saw mills; (ii) direct the respondent State Govt to permit the applicant to issue licenses to the applicant for the timber exempted from purview of the A.P. Forest Produce Transit, 1970 (filed by Ms. Usha Nandini V. on b/o Sri Anjaneya Swami Saw Mill & Anr.)


36.


3768-3770/2014


Direction to the Respondent for granting of licence for functioning of the saw mill, subject to availability of woods(filed by Mr. Anoop Kr. Srivastava on b/o Ram Ashrey)


37.


3771-3773/2014


Direction to the Respondent for granting of the licence for functioning of the saw mill, subject to the availability of woods.(filed by Mr. Anoop Kr. Srivastava on b/o Nassruddin Beg.)


38.


3774-3776/2014


Direction to re-locate/set up Kattha Manufacturing Unit either in Distt. Panipat or in Karnal in Haryana(filed by Mr. Himanshu shekhar on b/o M/s. Super Kattha Industries P. Ltd.)


39.


3777-3779/2014


Consider the case of the applicant as a deemed licensee under the proviso to section 5 of Bihar Saw Mill(Regulation) Act, 1990 and direct the respondent authorities to include his name in the seniority list of saw mills of district Bhojpur, Aro, Bihar(filed by Mr. Himanshu shekhar on b/o M/s. Triveni Sharma Saw Mills.)


40.


3793-3795/2014


To direct the respondents No. 2 & 3 to issue a licence to run the saw mill of the applicant and permit the applicant to reopen and operate the saw mill at village Kanwa Tehsil Kurchana, Post Baraon, Distt. Allahabad, UP. (filed by Mr. Yash Raj Dhinga on b/o Rohit Kr. Chaurasia)


41.


3834-3836/2014


Direct the respondents to permit the unit holders to run their saw mills at the existing site i.e. relocated site, where the permission for relocation was granted(filed by Mr. Vivek Gupta on b/o New Awadh ara Mill Vyapari Welfare(U.P)


42.


3850-3851/2015


Direct the Respondents 1 to 3 to consider the Proposed Project of the applicant’s Saw Mills(filed by Mr. Surya Kant on behalf of Maharashtra Timber Industry Promoter)


43.


3862-3863/2015


For quashing of the seniority list of saw mills of Nawada Distt. Published by the Selection Committee in terms of Resolution No. 76/2007-2675 dated 30.08.2010 issued by the Department of Environment & Forest, Govt. of Bihar, Patna(filed by Mr. Anup Jain, Advocate on behalf of Rajender Prasad Sharma)


44.


3916-3917/2015


Application for filing additional affidavit and/or correction of its earlier affidavit dated 20.02.1997 and production of additional document relating to saw mills in the state. (Filed by: Nishant R. Katneshwarkar, Advocate on behalf of State of Maharashtra).


45.


2870-2871/10 in W.P(c) No. 202/95


Regarding early process and dispose of the application of the applicant before CEC seeking grant of licence for setting up of small scale industry for manufacturing wood veneers, ply-woods, doors blocks etc. (Tamil Nadu)


46.


Cont. Pet(C) No. 160/2012 in W.P(C)202/1995 (PIL(W)


Regarding violation of court’s order dt. 04.03.1997 restraining grant of Saw Mill Licence and electricity connections to the illegal Saw Mills in the State of Tamil Nadu (filed by Mr. S. Gowthaman on b/o Rajasekaran)


I. MATTERS RELATING TO WOOD BASE INDUSTRIES (CONTD.)


 


Part – B: Special Leave Petitions – 04




















Sl. No.


I.A. No.


Subject Matter


1.


SLP (C) No. 3941/2010 (Sec-XIA)


Regarding renewal of Saw Mill Licence. (Kerala)


2.


SLP (C) No. 7031/2010 (IX)


Regarding seeking permission for additional band saw machines in Nagpur were challenged before the High Court.


3.


SLP (C) No. 7648/2006 & 7649/2006 (X)


Licence issued under U.P. Establishment & Regulation of Saw Machine Rules, 1978.


ANNEXURE – II


 


II. MATTERS RELATING TO NATIONAL PARKS/WILDLIFE SANCTUARIES


 


Number of I.As. in W.P(C)202/1995 – 125


 


Number of I.A. in W.P(C)13381/1984 – 0 1


 


Number of others Writ Petitions – 01


 


Number of SLP – 02
































































































































































































































Sl. No.


I.A. No.


Subject Matter


1.


1308/05 in W.P(c) No. 202/95 and 1323/05, 1455/05 in 1308/05, 1468/06 in 1455/05 and 1478/06 in 1308/05 with SLP(C)30622/2011 (order dt. 06.02.2012) (IV-A)


Filed by Amicus Curiae in Court regarding depletion of population of tigers and other important animal in National Parks/Sanctuaries in the Country.


2.


1606/2006


Filed by State of Madhya Pradesh seeking clarification/directions regarding the orders dated 14.02.2000 and 25.11.2005 for management of Sanctuaries and National Parks.


3.


2011/2007 & *3908/2015


Filed by State of Madhya Pradesh for modification of order dated 12.12.1996 and grant permission to to the State to collect the minor forest produce from the National Parks and sanctuaries on a sustainable basis.


 


3908/2015


 


Application for Withdrawal of I.A. No. 2011 on behalf of the Applicant.


4.


2580/09 and 2669 in 2580/09


Report of CEC: Relating to deletion of large number of mining lease areas from Netravali Wildlife Sanctuary in the State of Goa.


5.


2601/2009 & *3909/2015


Grant permission to the applicant allowing them to redefine the boundaries of the proposed protected areas of the state as per the plan shown as Annexure A-3 involving the exclusion the approximately 426 villages situated at or close to the boundaries of the respective protected areas and treating the approximately 192 non-strategic villages situated deeper in such areas as enclosures, on which the restriction provided under the Wildlife(protection) Act 1972 shall not apply(filed by Mr. B.S. Banthia on b/o State of M.P.)


 


I.A. No. 3909/2015


 


Application for withdrawal of I.A. No. 2601/2009 on behalf of the Applicant.


6.


2202-2203/08 in W.P(c) No. 202/95 & 2915-2917/10, 2929-2931 in 2202-2203/08,


 


3308-3310/11 in 2202-03, 3422/12 in 2929-2931


Issuance of Notification under Section 26A of the Wild Life (Protection) Act specifying the boundaries of the Panchmarhi Sanctuary while excluding the area of the Panchmarhi Cantonment Board.


7.


2638-2639/09


Application for Rationalization of Boundaries & Arkot Murk Deer Wildlife Sanctuary


 


*Relating to diversion of land for setting up of hydro electric project on Dhauliganga River in Askot Musk Deer Sanctuary in the State of Uttarakhand.


8.


3067-3068/2011 in W.P. (C) 202/1995


Regarding permission to denotify the Karera Wildlife Sanctuary & waiving off conditions imposed by Standing Committee of National Board for Wildlife. (M.P.)


9.


3364-3365/2012


Regarding permission to continue the stone crusher in village Nayagoan which is outside the Sonchirya Sanctuary Ghatigoan Gwalior(filed by Dr.(Mrs.) Vipin Gupta on b/o Geeta Stone Crusher)


10.


3565/2013


For directions that the vehicular traffic be closed from dusk to dawn(ii) roads shall not be upgraded or widened and no new road construction should be undertaken(iii) for constituting a Task Force comprising of CWW, Forest Officers incharge etc. Pertaining to National Parks and Sanctuaries(filed by Amicus Curiae)


11.


3610/13 with 3864-3866/2015, 3867-3869/2015 and 3870-3872/2015, 3906-3907/2015 in 3806, 3910-3911/2015 in 3806


I.A. No. 3610


 


Allow the rationalization of Koyna Wildlife Sanctuary by excluding the area 9965.005 ha. From the present area 42355 ha. As per recommendation of the SDO, Korad, Distt. Satara & approved by National Board for Wildlife and recommended by Tiger Conservation Authority (filed by Ms. Asha G. Nair, Adv. On b/o State of Maharashtra)


 


I.A. NO. 3864-3866/2015 IN 3806


 


clarification of order dated 16.01.2015 in IA No. 3806, that this order is not applicable for imposition of penalty on the resorts(house-cum-stay)) and breakfast scheme for tourists.(filed by Mr. Sachin Patil, Advocate on b/o Mr. Ramesh Ganpat Desai)


 


I.A. NO. 3867-3869/2015 IN 3806


 


Reject recommendation of CEC in its report dated 17.02.2014 for imposition of penalty on the applicant Wind Farm & to exempt applicant Wind Farm Payment of penalty as recommended by CEC(filed by Mr. Sachin Patil, Advocate on b/o M/s. Weizamann and Karma Energy Ltd.)


 


I.A. NO. 3870-3872/2015 IN 3806


 


Extend the time to make payment of Rs. 16.06 lakhs per wind mill to the competent Authority on account of the NPV till 30.10.2015 in relation to one wind mill each owned by the applicant companies situated in District Satana in the State of Maharashtra(filed by Mr. Gaurav Agrawal, on b/o Khuda Gawah Investment P. Ltd. & Anr.)


 


I.A. NO. 3910-3911/2015 IN 3806


 


Direct the CCF and filed director, Sayadri Tiger Reserve, Kohlapur to accept the compensation amount of Rs. 16.06 lakhs and direct the CCF and field director, Sayadri Tiger Reserve, Kohlapur to remove the seal from the windmill on the payment of the compensation amount of Rs. 16.06 lakhs being made (filed by Ms. Poonam Kumari on behalf of Sagar Power Tax Pvt. Ltd.)


12.


3640/2013


Report of CEC(Central Empowered Committee in Appln. No. 1236 filed before it by M/s. Vestas Wind Technology India (P) Ltd. Seeking permission of the Hon’ble Supreme Court for diversion of 3.72 ha. of forest land falling in the wild Ass Santuary in village Shikarpur, Taluka Bhachau, Distt. Kutch in the State of Gujarat for the installation of seven windmills


13.


3830/2014


Report of the CEC in Application No. 1346 filed before it by the executive Engineer, water resources division, district Karanli, Rajasthan seeking permission of the Hon’ble Supreme Court for the diversion of 16.09 ha. of forest land for the Dohari Minor Irrigation Project, falling in Keladeri Wildlife Sanctuary, Distt. Karanli, Rajasthan.


14.


IA 3118-3120/2011 in W.P(C) NO. 202/1995


Regarding permitting the applicant to construct install, operate and maintain a ropeway of caring pilgrims from Bharnath Taleti to Ambaji Temple at Girnar Hill Top through Girnar Wildlife Sanctuary in the state of Gujrat(Mr. R. S Jana on b/o Usa Breco Ltd.)


15.


1574/06 in W.P(C) No. 202/95


Report of CEC in Application NO. 845 regarding permission sought by U.P. Irrigation Department for urgent repairs of Gangao Dam situated in Panna Tiger Reserve, U.P.


16.


3697/2013


Report of CEC in Appln. No. 1364 filed before it by the Executive Engineer, Public Health Works Division, Junagarh seeking permission of this Court for the use of 0.4272 ha. of forest land in Gir Wildlife Sanctuary for laying pipeline for providing drinking water facility for the residents of 5 villages and 1 ness of Taluka Talala, District Junagarh, Gujarat


17.


3750-3751/2014


Grant permission in favour of the applicant for laying of proposed water pipeline for 3 × 110 MW combined cycle power project stage-II, Dholpur on existing pipeline of Stage-I for existing intake well and reservoir from National Chambal Ghariyal Sanctuary, Rajasthan(filed by Mr. K.L. Janjani on b/o Rajasthan Rajya Vidhut Uttapadan Nigam Ltd.


18.


3783/2014 in 3675/2013 (Dis of)


For clarification of Court’s Order dated 21.10.2013 (filed by the State of J & K)


 


Report of CEC in Appln. No. 1361 filed before it by the Power Development, State of Jammu and Kashmir seeking permission of the Hon’ble Court for the use of 0.21 ha of forest land for non-forest use for laying the 132 KV D/C Hiranagar-Battal Manwal Transmission line passing through the surnisar-Mansar Wildlife Sanctuary.


19.


3789/2014


To pass appropriated directions permitting the applicant viz. The Govt. of India, Ministry of Defence for diversion of and for carrying out non-forestry activities in 35 Sq. Meters of forest land at East Island Wildlife Sanctuary, Andaman and Nicobar Islands for setting up Radar Station by the Indian Coast Guard(filed by Mr. B.V. Balram Das on b/o of Ministry of Defence)


20.


3807-3808/14


(a) Accord approval to the diversion of 0.9898 ha of forest land in Nellikal Reserve Forest of Nagarjun Sagar Division for laying intake pipeline and jack well pump house for the Nellikal Lift Scheme on Foreshore of Nagarjun Sagar Reservoir; and (b) Direct the UOI (MoEF) to accord clearance U/s 2 of F.C. Act, 1980 falling within Nagarjuna Sagar Srisailam Tiger Reserve (filed by Ms. Sudha Gupta, Advocate on behalf of Andhra Pradesh State Irrigation Development Corporation Ltd.) (Andhra Pradesh)


21.


3817-3818/2014


Permit the applicant to complete the work of closure of Nala to be carried out at Deori, Distt. Sarjar relating to Nirandpur Dam Project falling in Nourdehi Forest Reserve (filed by Mr. C.D. Singh on b/o State of M.P.)


22.


3824-3825/2014


For permission to carry out upgradation and rehabilitation of the existing road Tendukheda-Taradehi Maharajpur Road(MP-MDR-32-05/06) on the existing single lane with a width of 7 meters with hard shoulders which is within the existing right of way passing through Nouradehi wildlife sanctuary(filed by Mr. C.D. Singh on b/o Madhya Pradesh Public Works Deptt. Damoh)


23.


3837-3839/2015


Grant permission to the applicant for laying of the 400 KV(D/C) transmission line from Rajgarh-Karamsad(Gujrat) in Kharmom Wildlife Sanctuary, Sadarpur (Dhar) M.P. (Filed By Mr. Snehasish Mukherjee on b/o Wstern Region Transmission(Gujrat)


24.


3842/2015


Report of the CEC in Application No. 1375 filed before it by the principal chief conservator of forests, Uttarakhand Forest Department seeking permission of the Hon’ble Supreme Court to carry out renovation/upgradation works at the Corbett Wildlife Training Centre(CWTC) located in the Corbett National Park/Corbett Tiger Reserve in the State of Uttrakhand.


25.


3844/2015 with *3861/2015 in 3844/2015


Report of the CEC in Application No. 1386 filed before it by Defence Research & Development Organisation(DRDO) seeking permission of the Hon’ble Supreme Court for diversion of 154.42 ha. of forest land falling in Krishna Wildlife Sanctuary in Distt. Krishna, Andhra Pradesh for setting up of the test facility and the technical facilities.


 


*Application for Permission filed by Mr. B.V. Balaram Das, Adv. On behalf of Ministry of Defence, DRDO, Andhra Pradesh for ratification of CEC Report.


26.


3050/2011 in W.P. (C) 202/1995


Application for grant the direction to permit the applicant Ministry of Defence to upgrade and widen the road National Highway 31-A from existing National Highway single lane intermediate width from 0.00 to km 4.40 passing through Mahananda Wildlife Sanctuary, Distt. Darjeeling, West Bengal.


27.


3470/2012


(For Directions to PCCF Wildlife, Wildlife Dept., BDA Complex, Bhopal, M.P. To permit the Applicant to carry out upgradation and strengthening the road with a width of 3.5 meter and the length of 25 Kms. along with in Gandhi Sagar Sanctuary in State of M.P. and further allow the applicant to repair and maintain the shoulders of 1.5 mts. width on both the sides of the road. (filed by M/s. AP & J Chambers on b/o M.P. Road Development Corpn.)


28.


3645-3647/2013


Direct the respondent to permit the applicant to carry out widening, ungradation and rehabilitation of existing 2 lane road to 4 lane with paved shoulder of Bhopal-Biaora(NH-12) road (Km 316/10 to Km 423/4) through the periphery of Narsinghgarh Wildlife Sanctuary (filed by M/s. A P & J Chambers on b/o M/s. M.P. Road Development Corp. Ltd.


29.


3700-3702/2013


Direct the Respondent to permit the applicant to carry out widening, upgradation and rehablitation of existing 2 lane road to 4 lane with paved shoulder of Bhopal-Jabalpur(NH-12) passing through Ratapani Wildlife Sanctuary(filed by M/s. AP&J Chambers on b/o M.P. Road Development Corp. Ltd.)


30.


3752/2014


To permit the applicant Ministry of Defence to construct new road Flag Hill-Log Bridge Madhubala-Dokala of approximately 33.80 Km passing through Pangolakha Wildlife Sanctuary East Distt of Sikkim by the Border Roads Organization (BRO)(filed by Mr. B.V. Balaram Das, Advocate on b/o Ministry of Defence.


31.


3828-3829/2014


For permission to repair the approach Road from main Amber Road to Nahargarh Fort at Jaipur, Rajasthan which passes through the Nahargarh Wildlife Sanctuary (filed by Ms. Ruchi Kohli, Advocate on b/o JDA, State of Rajasthan)


32.


3294/11


Regading clarification of order dt. 12.12.96 and permit the applicant to grant permission for lifting and removal of the dolomite from the forest area of Buxa Tiger Reserve in favour of North Bengal Dolomite Ltd. as per the recommentions of the committee


33.


1373/05 in W.P(C) No. 202/95 and 1389/05, 1696/06 in 1373/05


Regarding diversion of land in Periyar Tiger Reserve for the purpose of constructing/dwelling units for Sabrimala Temple in Kerala.


34.


2645/09 in APPLN.1101 in W.P(C) No. 202/95


Relating to seeking permission to construct two Log Huts in Sultanpur National Park, District Gurgaon.


35.


3694-3695/2013


For permission for starting Kisan Seva Kendra(PSK) Dealership of Indian Oil at Hanumant Pura, Distt. Etawah-UP falling in Rashtriya Chambal Van Vihar (filed by Mr. Nishchal Kumar Neeraj on b/o Rajesh Singh(UP)


36.


1697/2006, 2595-2596/2009 with *2002-2004/2007


Clarify/modify the order dt. 14.02.2000 in IA 548 pertaining to fishing rights of the applicant in Tawa and Barna Reservoirs.(Filed by Mr. C.D. Singh on b/o M.P. Fishries Federation (Co-operative) Ltd.)


37.


3846-3847/2015


For permission to construct 765 KV Substation Anpara ‘D’ Unnao Transmission line from District Sonbhadra to Unnao Passing through Kaimru wildlife Sanctuary Situated in district Sonbhadra and Mirzapur(filed by Mr. Pradeep Mishra on b/o U.P. Power Transmission Corp. Ltd.)


38.


3848-3849/2015


Grant permission for the construction of high Level Bridge in National Chambal Crocodile Sanctuary across Chambal River Usaidghat on Ambah-Pinahat Road(Km.24/02)(Filed by Mr. C.D. Singh, on behalf of M.P. PWD, Gwalior.)


39.


3852-3854/2015


Grant permission to the applicant for the construction of the High Level Bridge across Chambal River at Mahua Suda-Bansari(Etawah) on Hanuamantpura-Bhind (M.P.) Road in the Chambal Wildlife Sanctuary(filed by Mr. Sanjeeb Panigrahi on behalf of U.P. PWD(Etawah)


40.


3855-3857/2015


Grant permission to the applicant for the construction of the High Level Bridge across Kuwai River at Lauhana-Hanumantpura-Phoop Link Road to Umari Bhindd(MP) Road in the Chambal Wildlife Sanctuary) (filed by Mr. Sanjeeb Panigrahi on behalf of U.P. PWD


41.


3859-3860/2015


Grant permission for diverting 0.97 ha. of forest land for non-forest purpose i.e. for laying an underground water pipeline & eracting power lines(2670 sq.mts); for laying an apporoach road (5208 sq mts.); for construction of transformer yard(1100 sq mts.); for construction of manifold chamber(572 sq mts.) and for laying of power cables(150 sq mts.) and other incidental and miscellaneous works for 2 lift irrigation projects namely Anupu L.1 scheme & Koppunurn L.1 scheme falling in the Nagarjuna-Srisailam Tiger Reserve (filed by MR. G. Ramakrishna Prasad on behalf of Andhra Pradesh State Irrigation Dev. Corp.)


42.


3881/2015


Grant permission to the applicant for diversion of 0.249 ha. of land in Kolleru Wildlife Sanctuary for the purpose of construction of high levels breeds across perantalakanama drain in Km 4/2 of alapadu road in Krishna Distt. Andhra Pradesh to proceed with the construction of the proposed bridge in light of the recommendations made by the Standing Committee, National Board of Wildlife(filed by Mr. Guntur Prabhakar on b/o the State of Andhra Pradesh)


43.


3882-3883/2015


Granting permission to the applicant for use of 3.213 ha. Forest land for double track railway line project in Balaram Ambaji WLS, Gujrat.(filed by Mr. S.K. Dhingra on b/o Rail Vikas Nigam Ltd.)


44.


3884-3886/2015


Granting permission/direction to the applicant for use of 3.41 ha. In non-forest areas within Railway Land between the boundary of Ratapani Wildlife Sanctuary and upto 10 km. Line from Ratapani Wildlife Sanctuary involving 6.58 ha. Non-forest area of RWLS for double track railway line project in Ratapani Wildlife Sanctuary Madhya Pradesh(filed by Mr. S.K. Dhingra on b/o Rail Vikas Nagam Ltd.)


45.


3889-3890/2015


Grant permission to construct high level bridge at km 0/4 Chennai-Pullicat Road to Pasiyavaram road including forming approaches, involves use of 1.11 ha. of forest land falls within Pullicat Bird Sanctuary, Ponneri Taluk, Thiruvallur District, Tamil Nadu(filed by Mr. B. Balaji on b/o The divisional engineer, const. & Maintenance highways deptt. T. Nadu.


46.


3898-3899/2015


Grant permission the applicant to renovate and to maintain the existing old Akona Distributory Canal and its minor from 16.60 Km. To 19 Km. of Rangwan Canal Project, Madhya Pradesh falling in Ken Ghariyal Wildlife Sanctuary (filed by Mr. C.D. Singh on b/o State of M.P.(NowGong)


47.


3900-3901/2015


Grant permission the applicant to renovate and to maintain the existing canal system of Barna Project apart of which (5.55 Km.) is falling in the area of Singhroi Wildlife Sanctuary at the stretch, Madhya Pradesh(filed by Mr. C.D. Singh on b/o State of M.P.(Barna district)


48.


3902-3904/2014


Permission for carrying out the repairs of the Choreshwar Mahadev Temple at Choragarh, Pachmarhi within the Satpura National Park and Forest Sanctuary as specified in detail in para 22 & 23(filed by Mr. B.S. Banthia on b/o Har Har Mahadev Samiti, Madhya Pradesh)


49.


3912-3913/2015


Permission to resurfacing and strengthening of the exist blacktopped (BT Road) from Utumalpet to Chinnar upto Kerala State Border in Kilometer 13.20 passing through Indira Gandhi Wildlife Sanctuary/Annamalai Tiger Reserve in Tarappur District and sethu madai to topslip upto Kerala State Boarder in kilometere 13.00 passing through Indira Wildlife Sanctuary/Annamalai Tiger Reserve, Pollachi in Coimbatore (Filed by: Mr. B. Balaji, on behalf of State of Tamil Nadu)


50.


3914-3915/2015


Gandhi Permission for surfacing and strengthening of the existing blacktopped (BT) Road in NH-67 extension from Thorapalli to Kakkanallah in Kilometre 488/4 to 504/4 passing through Mudumalai Tiger Reserve Core and Mavanallah to Theppakadu (Km 19/100 to Km 21/800 and Km 23/100 to 29/100 passing through Mudumalai Tiger Reserve. (Filed by: Mr. B. Balaji, on behalf of State of Tamil Nadu)


51.


3918/2015


Allow the applicant to undertake the electrification work from Chouparan to Chordaha (the area of 18.795 hect. Falling in the Gautam Buddha Wildlife Sanctuary, District, Hazaribagh, Jharkhand) subject to fulfilment of all the terms and conditions imposed by the national board for wildlife/Ministry of Environment & Forest. (Filed by: Mr. Himanshu Shekhar, Advocate on behalf of Jharkhand Bijli Vitran Nigam Ltd.)


52.


1297/05 in W.P(C) No. 202/95 alongwith I.A. No. 432 in W.P. (C) No. 13381/84


Report of CEC in Appln. No. 592 Re: release of water from Panchana Dam to the Keoladeo National Park in Rajasthan.


53.


3523-3525/2012


Directions/orders permitting the applicant to establish and operate a petrol pump at village karai Block Narvas Distt. Shivpuri, MP falls within Karera Bird Sancturary (filed by Mr. Praveen Agrawal on b/o Mr. Anurag Gedia)


54.


W.P. (C) No. 47/1998 with SLP(C) 1474/1998 (IV-A)


Project Tigers-Protection of Tigers population through out the Country State Government is not liable to fulfil its duty caste under Art. 14-A of Constitution & Wild Life Protection, 1972.


Part of Annexure-II


 


LIST OF I.As. IN W.P. (C) 337 OF 1995 WHICH STAND DISPOSED OFF IN TERMS OF THE ORDERS OF THE COURT DATED 05.10.2015


 


37. Where there is no recommendation of the Standing Committee of the National Board for Wild Life the matters would be referred to the Standing Committee of the National Board for Wild Life.
































































































S. NO.


I.A.


REMARKS


1.


I.A. NO. 178/2015


Stands disposed off


2.


I.A. NO. 176/2015 + 177/2015


Stands disposed off


3.


I.A. NO. 186/2015 + 187/2015


To be sent to Standing Committee


4.


I.A. NO. 189/2015


Stands disposed off


5.


I.A. NO. 179/2015


Stands disposed off


6.


I.A. NO. 130 + 131


To be sent to Standing Committee


7.


I.A. NO. 128 + 129 + 144


To be sent to Standing Committee


8.


I.A. NO. 175


Stands Disposed off


9.


I.A. NO. 171 + 172


Stands disposed off


10.


I.A. NO. 170


To be sent to Standing Committee


11.


I.A. NO. 107


To be sent to Standing Committee


12.


I.A. NO. 116


To be sent to Standing Committee


13.


I.A. NO. 104 +105


To be sent to Standing Committee


14.


I.A. NO. 67/2004


To be sent to Standing Committee


15.


I.A. NO. 76


To be sent to Standing Committee


16.


I.A. NO. 119


To be sent to Standing Committee


17.


I.A. NO. 54/2004


To be sent to Standing Committee


18.


I.A. NO. 132


To be sent to Standing Committee


19.


I.A. NO. 83 + 84


To be sent to Standing Committee


20.


I.A. NO. 165


To be sent to Standing Committee


21.


I.A. NO. 164


Stands disposed off


22.


I.A. NO. 161


To be sent to Standing Committee


Number of other Writ Petition – 01


 


VI(1) FOREST LANDS INVOLVED IN THE MINING LEASES TRANSFERRED TO J.P. CEMENT LTD.












Sl. No.


I.A. No.


Subject Matter


1.


2782/10, 2939-2940/10 in 2782, 3023-3024/11 WITH 2469/09, 3030/2011 & 3032/2011 in I.A. No. 2939-2940, 3877/2015 in 2469 With W.P(c) No. 130/2011


For permission to State of U.P. To renew the leases to comply with the Judgment of High Court Allahabad dt. 12.10.2007 as the land for mining purposes allegedly fall under the category of non-forest land the settlement under the provisions of Indian Forests Act, 1927. (Jaypee Assosicates matter)


VI(2) REPORT OF CEC REGARDING WESTERN GHATS
















Sl. No.


I.A. No.


Subject Matter


1.


3620/2013


Report of CEC in Application No. 1209 filed before it by the Kudremukh Wildlife Foundation Wildcat-C and the Sahyadri Wildlife Forest Conservation Trust regarding alleged illegel diversion of forest lands non-forest uses in the Western Ghats region Karnatka.


2.


3897/2015


Report of CEC in Application No. 952 of 2006 filed before it by Parisara Samrakshana Kendra and wilderness club against the diversion of forest lands falling in the ecologically sensitive Western Ghat in the State of Karnataka for laying of the new 168.289 Km Hubli-Ankola Broad Gauge Railway Line.


VI(3) CONSTRUCTION OF HOTEL AT MCLEODGANJ ON FOREST LAND IN VIOLATION OF F.C. ACT












Sl. No.


I.A. No.


Subject Matter


1.


1991/07 in W.P(C) No. 202/95, 3117/2011


Regarding constructions of Hotel & Shopping and bus stand complex in Reserve Forest Land Mcleodganj, HP


VI(4) ILLEGAL FELLING OF TREES AND ROAD CONSTRUCTION IN WILDLIFE SANCTUARIES IN KARNATAKA












Sl. No.


I.A. No.


Subject Matter


1.


2530-2531/09 in W.P(C) No. 202/95


Relating to construction of roads in forests area of Kodaju etc. etc. in the State of Karnataka.


I. LIST OF NEWLY ADDED IA’s/MATTERS IN ANNEXURES


 


ANNEXURE – I


 


I. MATTERS RELATING TO WOOD BASED INDUSTRIES


 


Part-A-Number of I.As. in W.P(C)202/1995 – 2
















Sl. No.


I.A. No.


Listed on


Directions for Listing


Subject Matter


1.


3916-3917/2015


 


 


Application for filing additional affidavit and/or correction of its earlier affidavit dated 20.02.1997 and production of additional document relating to saw mills in the state. (Filed by: Nishant R. Katneshwarkar, Advocate on behalf of State of Maharashtra).


I. MATTERS RELATING TO WOOD BASE INDUSTRIES (CONTD.)


 


Part – B: Special Leave Petitions – 04




























Sl. No.


I.A. No.


Listed on


Directions for Listing


Subject Matter


1.


SLP (C) No. 3941/2010 (Sec-XIA)


 


 


Regarding renewal of Saw Mill Licence. (Kerala)


2.


SLP (C) No. 7031/2010 (IX)


 


 


Regarding seeking permission for additional band saw machines in Nagpur were challenged before the High Court.


3.


SLP (C) No. 7648/2006 & 7649/2006 (X)


 


 


Licence issued under U.P. Establishment & Regulation of Saw Machine Rules, 1978.


ANNEXURE – II


 


II. MATTERS RELATING TO NATIONAL PARKS/WILDLIFE SANCTUARIES


 


Number of I.As. in W.P(C)202/1995 – 20


 


Number of I.A. in W.P(C)13381/1984 – 0 1


 


Number of SLP – 01












































































Sl. No.


I.A. No.


Listed on


Directions for Listing


Subject Matter


1.


SLP(C) 30622/2011 a/w I.A. 1308 etc.(order dt. 06.02.2012) (IV-A)


 


 


 


2.


3848-3849/2015


 


 


Grant permission for the construction of high Level Bridge in National Chambal Crocodile Sanctuary across Chambal River Usaidghat on Ambah-Pinahat Road(Km.24/02)(Filed by Mr. C.D. Singh, on behalf of M.P. PWD, Gwalior.)


3.


3881/2015


 


 


Grant permission to the applicant for diversion of 0.249 ha. of land in Kolleru Wildlife Sanctuary for the purpose of construction of high levels breeds across perantalakanama drain in Km 4/2 of alapadu road in Krishna Distt. Andhra Pradesh to proceed with the construction of the proposed bridge in light of the recommendations made by the Standing Committee, National Board of Wildlife(filed by Mr. Guntur Prabhakar on b/o the State of Andhra Pradesh)


4.


3882-3883/2015


 


 


Granting permission to the applicant for use of 3.213 ha. Forest land for double track railway line project in Balaram Ambaji WLS, Gujrat.(filed by Mr. S.K. Dhingra on b/o Rail Vikas Nigam Ltd.)


5.


3884-3886/2015


 


 


Granting permission/direction to the applicant for use of 3.41 ha. In non-forest areas within Railway Land between the boundary of Ratapani Wildlife Sanctuary and upto 10 km. Line from Ratapani Wildlife Sanctuary involving 6.58 ha. Non-forest area of RWLS for double track railway line project in Ratapani Wildlife Sanctuary Madhya Pradesh(filed by Mr. S.K. Dhingra on b/o Rail Vikas Nagam Ltd.)


6.


3898-3899/2015


 


 


Grant permission the applicant to renovate and to maintain the existing old Akona Distributory Canal and its minor from 16.60 Km. To 19 Km. of Rangwan Canal Project, Madhya Pradesh falling in Ken Ghariyal Wildlife Sanctuary (filed by Mr. C.D. Singh on b/o State of M.P.(NowGong)


7.


3900-3901/2015


 


 


Grant permission the applicant to renovate and to maintain the existing canal system of Barna Project apart of which (5.55 Km.) is falling in the area of Singhroi Wildlife Sanctuary at the stretch, Madhya Pradesh(filed by Mr. C.D. Singh on b/o State of M.P.(Barna district)


8.


3902-3904/2014


 


 


Permission for carrying out the repairs of the Choreshwar Mahadev Temple at Choragarh, Pachmarhi within the Satpura National Park and Forest Sanctuary as specified in detail in para 22 & 23(filed by Mr. B.S. Banthia on b/o Har Har Mahadev Samiti, Madhya Pradesh)


9.


3918/2015


 


 


Allow the applicant to undertake the electrification work from Chouparan to Chordaha (the area of 18.795 hect. Falling in the Gautam Buddha Wildlife Sanctuary, District, Hazaribagh, Jharkhand) subject to fulfilment of all the terms and conditions imposed by the national board for wildlife/Ministry of Environment & Forest. (Filed by: Mr. Himanshu Shekhar, Advocate on behalf of Jharkhand Bijli Vitran Nigam Ltd.)


10.


1297/05 in W.P(C) No. 202/95 alongwith I.A. No. 432 in W.P. (C) No. 13381/84


 


 


Report of CEC in Appln. No. 592 Re: release of water from Panchana Dam to the Keoladeo National Park in Rajasthan.


11.


3523-3525/2012


 


 


Directions/orders permitting the applicant to establish and operate a petrol pump at village karai Block Narvas Distt. Shivpuri, MP falls within Karera Bird Sancturary (filed by Mr. Praveen Agrawal on b/o Mr. Anurag Gedia)


38. ANNEXURE – III


 


III. MATTERS RELATING TO EXEMPTIONS FROM THE PAYMENT OF THE NET PRESENT VALUE (NPV)


 


Number of I.As. in W.P(C)202/1995 – 05






















Sl. No.


I.A. No.


Listed on


Directions for Listing


Subject Matter


1.


3894-3896/2015


 


 


Exempt the applicant from payment of NPV of Rs. 327.60 lakhs for use of the forest land at Javandhu Kavalur, Vellore District, Nadu, which is being demanded the Tamil Nadu Forest department and direct the Tamil Nadu department to refund the amount Rs. 50 lakhs already paid to it by the applicant on 19.04.2011 and stay recovery of NPV from the applicant pursuant to the demand letter 15.06.2015 issued by the Tamil Nadu forest department to applicant(filed by Mr. Nikunj on b/o Indian Institute Astrophysics)


2.


2863-2864/2010 in 1620


 


 


(i) To issue direction declaring petitioner/petitioner’s 6.10 Ha. hold land situated in the gape area of Patrapalli village and Vottivaripalli village in Yadmari Mandal district, does not attract direction of this Hon’ble passed in I.A. No. 566 of (regarding payment of NPV)


 


(ii) To declare that petitioner entitled to keep continue his lease permission as valid 14-2-2023 in the above said hill land situated at gape area of Patrapalli Vottivaripalli village in Yadmari Mandal Chittor district renamed compartment no. 217 & 218 Veerasettipalli “B”RF” Chittor (filed by Mr. Debasis Misra, On behalf of R. Lokanadha (A.P.)


ANNEXURE – VI


 


VI. MATTERS PROPOSED FOR TRANSFER TO NGT


 


Number of I.As. in W.P(C)202/1995 – 01


 


VI(2) REPORT OF CEC REGARDING WESTERN GHATS
















Sl. No.


I.A. No.


Listed on


Directions for Listing


Subject Matter


1.


3897/2015


 


 


Report of CEC in Application No. 952 of 2006 filed before it by Parisara Samrakshana Kendra and wilderness club against the diversion of forest lands falling in the ecologically sensitive Western Ghat in the State of Karnataka for laying of the new 168.289 Km Hubli-Ankola Broad Gauge Railway Line.


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