ITEM NO.MM-D COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.NO.2571 IN WRIT PETITION (CIVIL) NO(s). 202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 13/04/2009 This I.A./Petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE P. SATHASIVAM For Applicant(s) Ms. Pinky, Adv. For Mrs. H. Wahi, Adv. UPON hearing counsel the Court made the following ORDER Post along with the similar matters on the next date of hearing. (R.K. Dhawan) (Veera Verma) Court Master Court Master (Mentioning slip is enclosed) ITEM NO.MM-I COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.___ in WRIT PETITION (CIVIL) NO(s). 202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) AND IN RE: INDIAN SOAPSTONE PRODUCERS' ASSOCIATION Date: 15/04/2009 This appln. was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE J.M. PANCHAL For Petitioner(s) Mr. P.K. Manohar,Adv.(NP) For Respondent(s)/ Gp.Capt.K.S.Bhati, Adv.(Mentioned by) applicant(s) UPON hearing counsel the Court made the following ORDER List the application along with Rajasthan Mining Matters before the Forest Bench. (G.V.Ramana) (Veera Verma) Court Master Court Master (mentioned slip enclosed) 1 ITEM NOS.301+303 COURT NO.1 SECTION PIL,X SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.2079-2080, 2546 in WP(C)No.202/1995 T.N.GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (For impleadment/direction and exemption from filing O.T. and intervention) WITH W.P.(C).NO.301/2008 (With appln.(s) for ex-party stay and exemption from filing O.T.) WITH I.A.NOs.2301-2303 in 2079 in WP(C)No.202/1995 (for impleadment, direction and exemption from filing O.T.) AND I.A.Nos.2147-2148 in WP(C)No.202/1995 (for intervention and permission) AND I.A.No.1598-1600 in WP(C)No.202/1995 (For impleadment, directions and exemption from filing O.T.) AND I.A.Nos.1628-1630, 1688, 1793, 2092-2094, 2102-2104 & 2312-2313, 2594 in I.A.1628-1630 in WP(C)No.202/1995 (For directions, impleadment, exemption from filing O.T. and early hearing) I.A.No.2597 in I.A.Nos.2102-2104 in I.A.Nos.1628-1630 in W.P.(C)NO.202/1995 (Appln.for permission to file addl.documents) AND I.A.No.1640 in WP(C)No.202/1995 (For impleadment/direction) AND I.A.No.1697 in I.A.548 in WP(C)No.202/1995 (For clarification/modification of court's order dt.14.2.2000) I.A.Nos.2595-2596 in I.A.No.1697 in I.A.NO.548 in W.P.(C)NO.202/1995 (Appln.for permission to bring on record addl.facts and documents and exemption from filing O.T.) AND I.A.Nos.1868, 2091, 2225-2227, 2380 & 2568 in WP(C)No.202/1995 (For direction & intervention on b/o.Laforge Union Mining P.Ltd. And vacation of interim order dt.23.11.07 and seeking permission to bring addl.facts and documents on record) 2 AND I.A.Nos.2136, 2137, 2140, 2359, 2360 and 2371 in WP(C)No.202/1995 (For directions) AND I.A.No.2211 in I.A.1424-1425 in WP(C)No.202/1995 (For clarification of court's order dt.29.2.2008) WITH W.P.(C)No.469/2005 (With appln.(s) for exemption from filing O.T. and stay and office report) AND I.A.No.2212, 2272 & 2362-2363 in WP(C)No.202/1995 (for impleadment & directions) AND I.A.No.2524, 2525, 2529, 2528 in WP(C)No.202/1995 (For recommendation of CEC in Appln.Nos.1113,1116, 1156, 1121) AND I.A.Nos.2355-2357 in WP(C)No.4677/1985 (for impleadment, directions and exemption from filing O.T. on b/o.M/s.R.D.Konsultants) I.A.No.2571 in W.P.(C)NO.202/1995 (Recommendation of CEC in Appln.No.1167) Date: 17/04/2009 These Applns./Petitions were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.) Mr. Uday U. Lalit, Sr.Adv. (A.C.)(NP) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) in W.P.(C)NO.4677/85 Mr.Ranjit Kumar, Sr.Adv.(A.C.) For Petitioner(s) In person (NP) in W.P.(C)NO.301/08 Mr.Anil B.Diwan, Sr.Adv. Mr.Dhruv Mehta, Adv. Mr.Yashraj Singh Deora, Adv. Mr.Mohit Abraham, Adv. for M/s.K.L.Mehta & Co., Advs. In W.P.(C)No.479/05 Mr.Sushil Kr.Jain, Adv. 3 Mr.Puneet Jain, Adv. For Respondent(s)/ applicant(s) Mr.Haris Beeran, Adv. MoEF Mr.P.Parmeswaran, Adv. Mr.Manish Pitale, Adv. Mr.C.S.Ashri, Adv. Mr.S.W.A.Qadri, Adv. Ms.Kiran Bhardwaj, Adv. Mr.A.Deb Kumar, Adv. Mr.Y.Lokesh, Adv. Ms.Shweta Garg, Adv. For Mr.S.N.Terdal, Adv. Ms.Sushma Suri, Adv. Mr.D.S.Mahra, Adv. Ms.Gunwant Dara, Adv. Ms.Asha G.Nair, Adv. For Mrs.Anil Katiyar, Adv. State of Maharashtra Ms.N.Shobha, Adv. Mr.Sanjay V.Kharde, Adv. Ms.Asha G.Nair, Adv. Mr.Shivaji M.Jadhav, Adv. Mr.Rahul Joshi, Adv. Mr.Brijkishor Sah, Adv. Mr.Lenin S.Hijam, Adv. Mr.Abdul Tamboli, Adv. Mr.Shekhar Naphade, Sr.Adv. Mr.Chinmoy Khaladkar, Adv. Mr.Vimal Chandra S.Dave, Adv. Ms.Shobha, Adv. Mr.Munish Kumar, Adv. Mr.Ramji Srinivasan, Sr.Adv. Mr.Krishan Kumar, Adv. Mr.Mukesh Kumar, Adv. M/s.M.V.Kini & Associates, Advs. Ms.Rachna Srivastava, Adv. Mr.Abhai P.Sahi,Adv. Mr.Noorullah, Adv. Ms.Hemani J., Adv. 4 Mrs.Kiran Bhardwaj, Adv. Dr.Kailash Chand, Adv. Mr.Ranjit Kumar, Sr.Adv. Mr.Ajai Bhalla, Adv. Mr.Abhinav Jain, Adv. Ms.Shefali Jain, Adv. Ms.Abha R.Sharma, Adv. Mr.V.N.Raghupathy, Adv. Mr.P.D.Sharma, Adv. Mr.Ajay Pal, Adv. Mr.Mukul Rohtagi, Sr.Adv. Mr.S.U.K.Sagar, Adv. ms.Bina Madhavan,Adv. Mr.Tarun Satija, Adv. For M/s.Lawyers' Knit & Co., Advs. Ms.Charu Mathur, Adv. Mr.Maninder Singh, Adv. Mr.M.L.Lahoty, Adv. Mr.Paban K.Sharma, Adv. Mr.Himanshu Shekhar, Adv. State of A.P. Mr.T.V.George, Adv.(NP) Mr.Mukul Rohtagi, Sr.Adv. Mr.P.S.Patwalia, Sr.Adv. Mr.C.D.SIngh, Adv. Mr.Sunny Chowdhary, Adv. Mr.Aditya Singh, Adv. Ms.Upasana Nath, Adv. Mr.B.S.Banthia, Adv. Mr.Vikas Upadhyay, Adv. Mr.Somiran Sharma, Adv. Dr.A.M.SInghvi, Sr.Adv. Mr.Mukul Rohtagi, Sr.Adv. Mr.Sanjeev K.Kapoor, Adv. Mr.Vishal Gupta, Adv. 5 Mr.Avinash Menon, Adv. For M/s.Khaitan & Co., Advs. Mr.Ranjan Mukherjee, Adv. Mr.S.C.GHosh, Adv. Mr.Atul Jha, Adv. Mr.D.K.SInha, Adv. Mr.Anil B.Divan, Sr.Adv. Dr.A.M.SInghvi, Sr.Adv. Mr.P.C.Sen, Adv. Mr.Nitin Dayhai, Adv. Ms.Binu Tamta, Adv. Ms.Vibha Datta Makhija, Adv. Ms.Suparna Srivastava, Adv. Mr.Ram Swarup Sharma, Adv. Mr.Rajesh Srivastava, Adv. Mr.Sunil Kr.Jain, Adv. Mr.Radha Shyam Jena, Adv. Ms.Hemantika Wahi, Adv. Ms.Pinky, Adv. Ms.K.Enatoli Sema, Adv. Mr.Somnath Padhan, Adv. Ms.Mamta Tushir, Adv. Ms.Yogmaya Agnihotri, Adv. Mr.Anil Kumar Pandey, Adv. Mr.D.K.SInha, Adv. Mr.A.Sharan, ASG Mr.Vishnu B.Saharya, Adv. For M/s.Saharya & Co., Advs. Mr.Harish Malhotra, Sr.Adv. Mr.Lovekash Sahani, Adv. Mr.Amit Anand Tiwari, Adv. Dr.Manish Singhvi, AAG Mr.Milind Kumar, Adv. Mr.M.R.Calla,Sr.Adv. Mr.A.Mariarputham, Sr.Adv. 6 UPON hearing counsel the Court made the following ORDER No matter be listed on 01.05.2009, other than the ones which are specifically directed to be listed on 01.05.2009. I.A.No.____(filed by amicus curiae): Taken on board. Mr.Sanjeev Chaddha, will act as Secretary of C.E.C.. Mr.M.K.Jiwrajka, will be co-opted as a Member of C.E.C. I.A. disposed of accordingly. I.A.Nos.2079-2080, 2546: W.P.(C).NO.301/2008: I.A.NOs.2301-2303 in 2079: Application for intervention is allowed. State of Maharashtra to file its reply within two weeks. Notice accepted by Mr.Dhruv Mehta, learned counsel on behalf of the Society. Liberty to file its objections, if any, to the C.E.C.report. Three weeks time is granted to the other parties for filing their reply, if any. List on 01.05.2009 for directions. I.A.Nos.2147-2148: Union of India (Ministry of Railways) is granted four weeks time to file 7 its reply. List on 08.05.2009. I.A.Nos.1598-1600: Referred to C.E.C. Reply/report, if any, be filed within six weeks. I.A.Nos.1628-1630, : I.A.No.2597 in I.A.Nos.2102-2104 in I.A.Nos.1628-1630 State of Rajasthan to file its reply within four weeks. I.A.Nos.1793,2092-93,2102-04,2312-13,2594: Issue notice to C.E.C. and the State of Rajasthan. Reply, if any, may be filed within four weeks. I.A.No.1640: C.E.C. has filed its report in the application. The applicant GVK Novopal Industries (P)Ltd. agrees to the conditions/ recommendations of the C.E.C. Nobody appears on behalf of the State of Andhra Pradesh nor the State has filed its response. We approve the following recommendations of the C.E.C.. The project is cleared, subject to fulfillment of the conditions/recommendations of the C.E.C. If the State, while granting approval, has got any objection, it will be at liberty to move this Court. 1. the applicant will deposit an amount of Rs.30.00 and Rs.50.00 lakh respectively for the establishment of MDF/Particle Board plant and for composite plant for the manufacture of MDF and Particle Board 8 respectively. This amount will be kept in a designated account outside the Consolidated Fund and will be used by the Forest Department for activities identified and related to conservation and protection of forest; 2. The purchase/lease of the land and order for the plant and machinery will be placed within a period of six months failing which the approval will automatically be deemed to have been cancelled; and 3. the ownership of the unit will not be transferred including by way of transfer of majority shareholding or change of partners before the unit starts commercial production. I.A. is allowed accordingly. I.A.No.1697 in I.A.548: I.A.Nos.2595-2596 in I.A.No.1697 in I.A.NO.548 This application has been filed by the Madhya Pradesh Fisheries Federation (Co-operative) Ltd. seeking permission for the continuance of the fishing rights in the Tawa and Barna Reservoirs falling the Satpura Tiger Reserve. Large number of applications have been filed by the people in the locality to have fishing right in these two reservoirs. As it is in the forest area, the C.E.C. 9 has filed a report stating that some area of this reservoir could be de-notified as reserve forest. As regards the de-notification, the Wildlife Institute of India, Dehradun may examine the matter and file a report before this Court within a period of six weeks. As the C.E.C. has recommended that about 400 temporary permits may be given to the applicants for fishing confining to the northern part of the reservoirs, the Chief Wildlife Warden, Madhya Pradesh Forest Department and the Director of Fisheries of the State of Madhya Pradesh may consider the eligible applicants. As an interim measure, while giving such permission, we direct that the following conditions may be kept in mind for the purpose of granting permission: 1. no mechanized boat will be used by the fishermen; 2. Exotic fish would not be introduced in the reservoir so as to preserve the existing natural eco-system ; and 3. the permit holders should be given an option to dispose of the catch either directly or through the application federation. It is also directed that a High Powered Committee under the Chairmanship of the Chief Secretary may be constituted for the purpose of preparing the rehabilitation package. I.A.Nos.1868, 2091, 2225-2227, 2380 & 2568 List after summer vacation. I.A.no.2136: Adjourned. I.A.No.2137: The applicant seeks permission for improvement of Sonam-PDA, PDA- Mendi, PDA-Sumla Road passing through the Gangotri National 10 Park. CEC has filed its report along with the following recommendations: 1. for use of forest land, approval under the F.C.Act will be obtained; 2. the conditions stipulated by the Chief Wild Life Warden, Uttarakhand, Forest Department and the Standing Committee of the NBWL will be strictly complied with; and 3. 5% of the estimated project cost for each of the two roads will be deposited in the Compensatory Afforestation Fund for undertaking conservation and protection works in the National Parks and Wild Life Sanctuaries in the State of Uttarakhand. The recommendations of the C.E.C. are acceptable to the applicant. I.A. is allowed subject to the fulfillment of the above conditions by the applicant. I.A.No.2140: The applicant seeks permission for improvement of Gunji-Kutti Jolingkong Road passing the Askot Wildlife Sanctuary and Naga-Jadung Road passing through the Gangotri National Park. CEC has filed its report along with the following recommendations: 1. for use of forest land, approval under the F.C.Act will be obtained; 2. the construction of the Gunji-Kutti Jolingkong Road will be undertaken only after the project is cleared by the Standing Committee of the NBWL; 3. the conditions stipulated by the Chief Wild Life Warden, Uttarakhand, Forest Department and the Standing Committee of the NBWL will be strictly complied with; and 4. 5% of the estimated project cost for each of the two roads will be deposited in the Compensatory Afforestation Fund for undertaking conservation and protection works in the National Parks and Wild Life Sanctuaries in the State of Uttarakhand. 11 The recommendations of the C.E.C. are acceptable to the applicant. I.A. is allowed subject to the fulfillment of the above conditions by the applicant. I.A.No.2359: Adjourned. I.A.No.2360: Adjourned. I.A.No.2361: The applicant seeks permission to widen and improve the Phobrang- Marsmikla road, proposed to be constructed passing through the Changthang Cold Desert Wild Life Sanctuary, Ladak. CEC has filed its report along with the following recommendations: 1. the conditions on which the project has been cleared by the Standing Committee of NBWL will be complied with; 2. the conditions stipulated by the Chief Wild Life Warden,Jammu & Kashmir Forest Department will be strictly complied with; and 3. for use of the non-forest land falling within the sanctuary the NPV will be deposited in the Compensatory Afforestation Fund as per this Hon'ble Court's order dated 28.3.2008 in the NPV matter. The recommendations of the C.E.C. are acceptable to the applicant. I.A. is allowed subject to the fulfillment of the above conditions by the applicant. I.A.No.2211 in I.A.1424-1425: W.P.(C)No.469/2005 List on 01.05.2009. I.A.No.2212, 2272 & 2362-2363: List on 27th April, 2009 afternoon. 12 I.A.No.2524: M/s.G.S.F.C. proposes to use 12.47 ha. of land falling within the Marine National Park falling within the Marine sanctuary and for diversion of 4.61 of forest land for this project. National Board of Wildlife has examined the feasibility of the same and suggested the following certain conditions: 1. the NPV at the rates applicable for the use of the forest land and the non- forest land falling within the Marine National Park and Sanctuary will be deposited by M/s.G.S.F.C. This amount should be used for the conservation and protection of the Marine National Park and Sanctuary by the Gujarat Forest Department. For this purpose a Society may be registered under the Chairmanship of the Chief Wildlife Warden, Gujarat Forest Department with a nominee each of the DGF & SS, MoEF and the Principal Secretary (Forest), Government of Gujarat and a representative of the reputed NGO to be nominated by the Government of Gujarat as its members. The Conservator of Forests, Marine National Park will be the Member Secretary. 2. All the conditions on which the project has been cleared by the Standing Committee for the National Board of Wildlife will be strictly complied with; and 3. for use of the forest land, if any, approval under the Forest (Conservation) Act, will be obtained. The conditions are acceptable to the applicant. Subject to fulfillment of the same, the application is allowed. I.A.No.2525: The applicant seeks permission for use of 159.05 ha. of area falling in the Wild Ass Sanctuary in Districts Patan and Kachchh in the State of Gujarat for the construction of the Kachchh Branch Canal. C.E.C. has examined the feasibility of the same and suggested the following certain conditions: 13 1. for use of the forest land, the approval under the F.C.Act, 1980 will be taken; 14 2. the conditions under which the Standing Committee of the NBWL has cleared the project shall be fully complied with; 3. the design of the "Box culvert" will be suitably modified as suggested in para 7 above; 4. The Gujarat Forest Department through a reputed agency will carry out a study regarding the likely potential man- animal conflict which may arise following the construction of the KBC and to recommend suitable remedial measures; and 5. a Monitoring Committee will be set up headed by the Chief Wildlife Warden, Gujarat Forest Department with one representative each of the MoEF, Principal Secretary (Forest), Government of Gujarat, User Agency and one NGO to be nominated by the Government of Gujarat as its members. This Committee will monitor the construction and implementation of the various structures across the KBC. The conditions are acceptable to the applicant. Subject to fulfillment of the same, the application is allowed. I.A.No.2528: The applicant Indian Naval Ship Valsura (Ministry of Defence) seeks permission for the use of 0.41 ha. of land falling in the marine sanctuary for the construction of Watermanship Training Centre at Valsura. The C.E.C. has examined the project and subject to fulfillment of the following conditions, recommended the same: 1. for use of the forest land, approval under the F.C.Act will be obtained; 2. The conditions stipulated by the Chief Wildlife Warde, Gujarat Forest Department will be strictly complied with; and 3. The NPV will be payable for use of forest land/ or non-forest land as per this Hon'ble Court's order dated 28.3.2008 and 9.5.2008 regarding the NPV. 15 The applicant accepts all the conditions. Subject to fulfillment of the above conditions, the project is cleared. I.A. allowed accordingly. I.A.No.2529: The applicant-State of Gujarat seeks permission for the rationalisation of the boundaries of about 438.09 sq.km. of the Narayan Sarover Wildlife Sanctuary, district Kutch, Gujarat, including about 6.14 sq.km. falling in Parkho village. C.E.C. has examined the project, and has recommended the same, on fulfillment of the following conditions : 1. The area excluded from the boundary of the sanctuary will not be used for mining; 2. any other non-forestry use will also be permissible only after obtaining the specific permission for the same from this Hon'ble Court except in respect of small projects which have been exempted from the requirement of payment of NPV by this Hon'ble Court's order dt.28.3.2008 and 9.5.2008. The applicant accepts the recommendations of the C.E.C. Subject to fulfillment of the above conditions by the applicant, the project is cleared. I.A. is allowed accordingly. I.A.No.2571: The applicant Gujarat State Electricity Corporation Ltd. seeks permission for the use of 2 ha. of land in the Marine Sanctuary, Jamnagar, Gujarat. C.E.C. has examined the project, and has recommended the same, on fulfillment of the following conditions : 16 1. approval under the F.C.Act for the use of forest land will be obtained; 2. NPV for use of forest land falling within the Marine Sanctuary will be payable as per the Hon'ble Supreme Court's orders dt.28.3.2008 and 9.5.2008 regarding the NPV; 3. conditions imposed by the Standing Committee of National Board for Wildlife will be strictly complied with; and 4. monitoring of the implementation of the stipulated conditions will be done by the Chief Wildlife Warden, Gujarat Forest Department. The applicant accepts the recommendations of the C.E.C. Subject to fulfillment of the above conditions by the applicant, the project is cleared. I.A. is allowed accordingly. I.A.Nos.2355-2357 in WP(C)No.4677/1985 List on 01.05.2009 along with minor mineral matters. (G.V.Ramana) (Madhu Saxena) Court Master Court Master 17 ITEM NO.MM-M COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.2370 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 17/04/2009 This Appln. was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.) Mr. Uday U. Lalit, Sr.Adv. (A.C.)(NP) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv.(NP) For Respondent(s)/ Mr.Naresh K.Sharma, Adv.(Mentioned by) applicant(s) UPON hearing counsel the Court made the following ORDER List along with similar matter. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slip enclosed) 18 ITEM NO.MM-N COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.2561-62 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 17/04/2009 These Applns. were mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.) Mr. Uday U. Lalit, Sr.Adv. (A.C.)(NP) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv.(NP) For Respondent(s)/ Mr.Santosh Singh, Adv.(Mentioned by) applicant(s) UPON hearing counsel the Court made the following ORDER List along with U.P.Saw Mill matters. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slip enclosed) 19 ITEM NO.MM-O COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.2223 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 17/04/2009 This Appln. was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.) Mr. Uday U. Lalit, Sr.Adv. (A.C.)(NP) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv.(NP) For Respondent(s)/ Mr.R.Nedumaran, Adv.(Mentioned by) applicant(s) UPON hearing counsel the Court made the following ORDER List on 08.05.2009. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slip enclosed) 20 ITEM NO.MM-Q COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.2228-2229 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 17/04/2009 These Applns. were mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.) Mr. Uday U. Lalit, Sr.Adv. (A.C.)(NP) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv.(NP) For Respondent(s)/ Mr.Ranjit Kumar,Sr. Adv.(Mentioned by) applicant(s) Mr.Aarohi Bhalla, Adv. Mr.Subodh Patil, Adv. Ms.Sujata Kurdukar, Adv. UPON hearing counsel the Court made the following ORDER List on 01.05.2009.. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slip enclosed) 21 ITEM NO.MM-R COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.2527 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 17/04/2009 This Appln. was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.) Mr. Uday U. Lalit, Sr.Adv. (A.C.)(NP) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv.(NP) For Respondent(s)/ Mr.Rakesh Khanna, Sr.Adv.(Mentioned by) applicant(s) Mr.Vinod K.Shukla, Adv. Mr.M.C.DHingra, Adv. UPON hearing counsel the Court made the following ORDER List on 08.05.2009. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slip enclosed) 22 ITEM NO.MM-P COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.1590 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) WITH I.A.NO.900 Date: 17/04/2009 These Applns. were mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.) Mr. Uday U. Lalit, Sr.Adv. (A.C.)(NP) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv.(NP) For Respondent(s)/ Mr.Dhruv Mehta, Adv.(Mentioned by) applicant(s) for M/s.K.L.Mehta & Co., Advs. Mr.Srivastava, Sr.Adv.(Mentioned by) Mr.M.N.Krishnamani, Sr.Adv.(Mentioned by) Mr.G.J.Rautray, Adv.(Mentioned by) UPON hearing counsel the Court made the following ORDER List these applications along with the Minor Mineral matters and construction matters on 01.05.2009. List I.A.Nos.2567/09, I.A.873-874 with 1700 and 2445, 875-876 with 1701, 877-878, 879-880 with 1702, 881-882 with 1703, 891-892 with 1488 and 1612-1613 also along minor mineral matters. (G.V.Ramana) (Madhu Saxena) 23 Court Master Court Master (Mentioned slip enclosed) 1 ITEM NO.301 COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.2331-2332 in 2167 in WP(C)No.202/1995 T.N.GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (For impleadmentn and permission to file objection to CEC report) WITH S.L.P.(C).NO.....CC 878/2009 (With appln.(s) for c/delay in filing SLP and office report) AND I.A.No.925 in C.P.No.193/2001 & I.A.1127 in W.P.(C)NO.202/1995 (Recommendation of CEC in Cont.Pet.No.193/2001 and letter dt.31.01.04 of Mr.C.N.Premsagar) WITH CONT.PET.(C)NO.193/2001 in W.P.(C)NO.202/1995 I.A.4 (With appln.(s) for directions) AND I.A.Nos.2245-2246 in 1620 in 566 in W.P.(C)NO.202/1995 (for clarification/direction and interim stay) AND I.A.No.2358 & 2547 in W.P.(C)NO.202/1995 (For modification of order dated 27.7.2007 and early hearing) AND I.A.Nos.2581-2582 in W.P.(C)NO.202/1995 (Impleadment and permission) AND I.A.Nos.2522-2523 in W.P.(C)NO.202/1995 (For intervention and direction) AND I.A.NO.2535 in W.P.(C)NO.202/1995 (For permission) AND I.A.No.2536 in W.P.(C)NO.202/1995 (For impleadment) AND I.A.Nos.2539-2540 in W.P.(C)NO.202/1995 (For direction and stay) AND I.A.Nos.2542-2543 in W.P.(C)NO.202/1995 (For impleadment & directions) 2 Date: 24/04/2009 These Applns./Petitions were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.) Mr. Uday U. Lalit, Sr.Adv. (A.C.)(NP) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) In person (NP) For Respondent(s)/ Mr.G.E.Vahanvati, Sol.Genl.of India applicant(s) Mr.Haris Beeran, Adv. MoEF Mr.P.Parmeswaran, Adv. Mr.Mukul Rohtagi, Sr.Adv. Mr.Nikhil Goel, Adv. Ms.Sheela Goel, Adv. Ms.Sangeeta Kumar, Adv. Mr.Dayan Krishnan,Adv. Mr.Gautam Narayan, Adv. Mr.T.V.S.Raghavendra Sreyas, Adv. Mr.Mahafooz Nazki, Adv. for Mr.Nikhil Nayyar, Adv. Mr.R.Nedumaran, Adv.(NP) Mr.Mayur R.Shah, Adv. for Mr.K.K.Mani, Adv.(NP) Mr.V.Ramasubramanian, Adv.(NP) Mr.Dileep Poolakkot, Adv. M/s.K.J.JOhn & Co., Advs. Ms.Srikala Gurukrishna Kumar, Adv.(NP) 3 Mr.Subramonium Prasad, Adv.(NP) Mr.T.Raja, Adv.(NP) Mr.R.Ayyam Perumal, Adv.(NP) Mr.M.K.D.Namboodiri, Adv. Mrs.Manik Karanjawala, Adv.(NP) Mrs.Prabha Swami, Adv.(NP) Mr.K.B.SOunder Rajan, Adv.(NP) Mr.M.A.CHinnasamy, Adv. Mr.S.Srinivasan, Adv.(NP) Mr.E.M.S.Anam, Adv.(NP) Mr.C.N.Sree Kumar, Adv.(NP) Mr.Naveen R.Nath, Adv.(NP) Mr.Joseph Pookkatt, Adv. Mr.Prashant Kumar, Adv. Mr.G.Sivabalamurugan, Adv. Mr.Y.Arunagiri, Adv. For Mr.L.K.Pandey, Adv. Mrs.Revathy Raghavan, Adv. Mr.L.C.Agrawala, Adv. Mr.Debasis Mishra, Adv.(NP) Mr.Anis Suhrawardy, Adv. Mr.S.Mehdi Imam, Adv. Mr.Tabrez Ahmed, Adv. Mr.Mohan Parasaran, ASG Mr.T.Harish Kumar, Adv. Mr.V.Vasudevan, Adv. Mr.P.S.Patwalia, Sr.Adv. Mr.Devashish Bharuka, Adv. Mr.Anjani Kumar Singh, Adv. 4 State of Bihar Mr.Manish Kumar, Adv. For Mr.Gopal Singh, Adv. Mr.manoj Saxena, Adv. Mr.Rajnish Kr.Singh, Adv. Mr.Rahul Shukla, Adv. for Mr.T.V.George, Adv. Mr.Ashok K.Mahajan,Adv. Mr.Bijon Ghosh, Adv.(NP) Mr.Ranbir Yadav, Adv. 5 UPON hearing counsel the Court made the following ORDER I.A.Nos.2331-2332 in 2167: WITH S.L.P.(C).NO.....CC 878/2009 List on 08.05.2009. I.A.No.925 in C.P.No.193/2001 & I.A.1127: WITH CONT.PET.(C)NO.193/2001 in W.P.(C)NO.202/1995 I.A.4: As requested by learned Additional Solicitor General, list after two weeks. I.A.Nos.2245-2246 in 1620 in 566: The applicant seeks permission for carrying mining activities in the forest area. C.E.C. has examined the matter and has recommended that clearance could be granted on payment of Rs.37.80 lacs as compensatory afforestation charge and also to return 6.10 ha. non-forest land situated Kotavura village. Subject to fulfillment of the conditions laid down by the C.E.C., the project is approved. Action may be taken by the State Government after compliance of the conditions as recommended by C.E.C. I.A.s are disposed of accordingly. I.A.No.2358: The applicant-State has filed this application for modification of the order passed by this Court on 27.7.2007. C.E.C. has examined the matter and suggested the following conditions : 1. The balance amount of Rs.6.591 crores deposited with the Jammu & Kashmir Wildlife Department will immediately be deposited in the 6 Compensatory Afforestation Fund; 7 2. the MoEF will prescribe appropriate monitoring and evaluation mechanism to ensure proper utilization of the funds; and 3. the State will comply with all the conditions laid down by the Standing Committee of National Board for Wildlife including transfer of Lachhipura Wildlife Sanctuary to State Wildlife Department. I.A. allowed, subject to fulfillment of the above conditions. The order of this Court is modified to the above extent accordingly. I.A.NO.2547: In view of the order passed in I.A.No.2358, this application is dismissed as having become infructuous. I.A.Nos.2581-2582: Issue notice to C.E.C. Response/report of C.E.C. may be filed within four weeks. I.A.Nos.2522-2523: Tag with I.A.Nos.1274-75 and other connected matters. I.A.NO.2535: Issue notice to C.E.C. Reply/report, if any, may be filed within four weeks. I.A.No.2536: Tag with Aravalli Mining Matters listed on 01.05.2009. I.A.Nos.2539-2540: Referred to C.E.C. 8 9 I.A.Nos.2542-2543: Adjourned. (G.V.Ramana) (Madhu Saxena) Court Master Court Master 10 ITEM NO.MM-I COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.2211 in I.A.Nos.1424-25 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 24/04/2009 These Applns. were mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.)(NP) Mr. Uday U. Lalit, Sr.Adv. (A.C.) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv.(NP) For Respondent(s)/ Mr.Anil B.Divan,Sr. Adv.(Mentioned by) applicant(s) Dr.A.M.SInghvi, Sr.Adv. Mr.P.C.Sen, Adv. Ms.Binu Tamta, Adv. UPON hearing counsel the Court made the following ORDER List the applications on top of the Board on 01.05.2009. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slip enclosed) 11 ITEM NO.MM-J COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.2370 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 24/04/2009 This Appln. was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.)(NP) Mr. Uday U. Lalit, Sr.Adv. (A.C.) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv.(NP) For Respondent(s)/ Mr.Naresh K.Sharma, Adv.(Mentioned by) applicant(s) UPON hearing counsel the Court made the following ORDER List the application on 08.05.2009. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slip enclosed) ITEM NO.302 COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.2212,2272 & 2362-2363 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (for impleadment & directions) Date: 27/04/2009 These Applns. were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA Mr. Harish N. Salve, Sr.Adv. (A.C.)(NP) Mr. Uday U. Lalit, Sr.Adv. (A.C.)(N.P.) Mr. Siddhartha Chowdhury,Adv. (A.C.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv.(NP) For Respondent(s)/ applicant(s) Mr.M.L.Lahoty, Adv. Mr. Paban K. Sharma, Adv. Mr.Himanshu Shekhar, Adv. Mr. A. Sharan, ASG Mr. Vishnu B. Saharya, Adv. For M/s.Saharya & Co., Advs. Mr.Amit Anand Tiwari, Adv. Mrs. Asha G. Nair, Adv. Mr. Gunwant Dara, Adv. For Ms. Anil Katiyar, Adv. Mr.D.S.Mahra,Adv. (N.P.) Mr. Haris Beeran, Adv. IA 2212 Mr. S.C. Ghose, Adv. For Mr. Ranjan Mukherjee, Adv. -2- UPON hearing counsel the Court made the following ORDER As part of the Commonwealth Games, DDA wanted to construct an Indoor Stadium for Badminton and Squash. It is alleged that only 10.91 hectares land was required and originally for the purpose 172 trees alone were intended to be cut but later the area was expanded and it is alleged that about 891 trees were cut which caused extensive damage. It was alleged that this area should have been treated as a deemed Forest area. The Forest Department could not earmark it as a deemed forest area as relevant records were not considered to treat it as deemed forest area. This is denied by the DDA. We leave open this question to be decided at a later stage. CEC has examined the matter and the suggestion made by the CEC is that further trees shall not be cut by the DDA for the purpose of enabling new parking area for the Indoor Stadium. An alternative has been suggested, which is to the effect that approach to the above game complex shall be from the August Kranti Marg/Siri Fort Auditorium Complex side and after entering the Siri Fort Sports Complex entry inside the Golf Driving Range from the extreme left end can be made through a temporary opening and a track about 9 meters wide. This track, to be laid inside the Golf Driving Range, would go up to the point as shown in the map and from where the vehicles of the VIPs and Games Participants would turn into the Badminton and Squash Court Complex to reach the alighting point. The vehicles will return towards the farthest end of -3- the Golf Driving Range (adjoining the Hockey Ground) which would be the temporary parking space for vehicles during the games period. Learned Additional Solicitor General submitted that the underground parking space will not be used for commercial purpose till the games are over. The suggestion of CEC is acceptable to the DDA. Any further construction can be done in the Stadium only in accordance with these suggestions. To carry out the suggestions proposed by the CEC if any trees are to be cut the same may be done with prior notice to and approval of CEC. It is suggested by the learned counsel appearing for the Commonwealth Games that 12 trees are to be cut. CEC may be apprised of this, before cutting is effected, and its approval has to be taken. All other questions raised will be decided later. (R.K. Dhawan) (Madhu Saxena) Court Master Court Master ITEM NO.MM-J COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.NO....../2009 IN W.P.;(C) NO.202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (With appln(s) for impleadment & directions) Date: 27/04/2009 This Petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE P. SATHASIVAM For Petitioner(s) Mr. P.K. Manohar,Adv. (N.P.) For Respondent(s) Mr. Ani; Sachthey, Adv. UPON hearing counsel the Court made the following ORDER Post the I.As. along with the connected I.As. before the Forest Bench. (R.K. Dhawan) (Pushap Lata Bhardwaj) Court Master Court Master (Mentioning slip is enclosed) ITEM NO.MM-P COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CW 356/07,I.A.NO.1579 & 1580/08 in CW 941 In W.P.;(C) NO.202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 27/04/2009 This Petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE P. SATHASIVAM For Petitioner(s) Mr. Ajay Sharma, Adv. For Respondent(s) Mr. J.K. Das, Adv. (N.P.) UPON hearing counsel the Court made the following ORDER List on 8.5.2009. (R.K. Dhawan) (Pushap Lata Bhardwaj) Court Master Court Master (Mentioning slip is enclosed) ITEM NO.MM-B COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.NO.2245-2246 In W.P.(C) NO.202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (Application for restoration) Date: 27/04/2009 This Petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE P. SATHASIVAM For Applicant(s) Mr. M.L. Sharma, Adv. UPON hearing counsel the Court made the following ORDER Post the application in the month of May, 2009. (R.K. Dhawan) (Pushap Lata Bhardwaj) Court Master Court Master (Mentioning slip is enclosed) ITEM NO.MM-C COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.NO........... In W.P.(C) NO.202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 27/04/2009 This Petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE P. SATHASIVAM For Applicant(s) Mr. M.L. Sharma, Adv. UPON hearing counsel the Court made the following ORDER Post the application in the month of May, 2009. (R.K. Dhawan) (Pushap Lata Bhardwaj) Court Master Court Master (Mentioning slip is enclosed)