1

ITEM NO.301                             COURT NO.1              SECTION PIL



         SUPREME COURT OF INDIA
             RECORD OF PROCEEDINGS

I.A.Nos.1485 & 1507 in W.P.(C)No.202/1995

T.N. GODAVARMAN THIRUMULPAD                           Petitioner(s)

               VERSUS

UNION OF INDIA & ORS                     Respondent(s)
(For permission and recommendations of CEC)

AND
I.A.No.2019 in W.P.(C)No.202/1995
(For Impleadment/grant of permission for felling trees)

AND
I.A.NOS.2255-2256 IN IA 789-790 IN W.P.(C)NO.202/1995
(For directions and exemption from filing O.T.)

AND
I.A.NOS.2278-2279 IN W.P.(C)NO.202/1005
(For impleadment and directions)

AND I.A.NO.2283 in W.P.(C)No.202/1995
(For directions)

AND
I.A.NO.2296 IN W.P.(C)NO.202/1995
(Recommendations of CEC in IA. No.662/2001)

AND I.A.NO.2297 IN W.P.(C)NO.202/1995
(Report of CEC in Appln.No.WBI-89)

AND I.A.NOS.2299-2300 IN W.P.(C)NO.202/1995
(For impleadment and directions)

AND W.P.(C)NO.356/2007
(With appln.(s) for stay)
                                             2

Date: 13/08/2008 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)   Mr. P.K. Manohar, Adv.

                          Mr.Ajay Sharma, Adv.

For Respondent(s)/
Applicant(s)       Mr. Harris Beeran, Adv.
                         Mr. P. Parmeswaran, Adv.

                          Mr.B.S.Banthia, Adv.

                          Mr.Mukul Rohatgi, Sr.Adv.
                          Mr.P.S.Narasimha, Adv.
                          Mr.Sridhar Potaraju, Adv.
                          Mr.K.Raghavcharyulu, Adv.
                          Mr.D.Julis Riamei, Adv.

                          Mr.R.Nedumaran, Adv.

                          Mr.T.Harish Kumar, Adv.

                          Ms.Sangeeta Kumar, Adv.

                          Mr.Huzefa Ahmadi, Adv.
                          Mr.Mehul Rathod, Adv.
                          Mr.Rauf Rahim, Adv.
                          Mr.Abhijat P.Medh, Adv.

                          Dr.Sushil Balwada, Adv.(NP)

                          Mr.Sanjay R.Hegde, Adv.(NP)
                                               3

                          Mr.Mukul Rohtagi, Sr.Adv.
                          Mr.Pawan Upadhyay, Adv.
                          Mr.Shiv Mangal Sharma, Adv.
                       Ms.Anisha Upadhyay, ADv.
                          Ms.Sharmila Upadhyay, Adv.

                           Mr.Manjit Singh, Adv.
                           Mr.T.V.George, Adv.

                           Mr.Jana Kalyan Das, Adv.



       UPON hearing counsel the Court made the following
                 ORDER



              The matters directed to be listed for 22nd August, 2008 will be taken up on 1st

September, 2008.

              Similarly, the matters which are listed on 29th August, 2008 shall also be listed

thereafter.




I.A.NO.1485 & 1507:

              These matters relate to the diamond mining project at Panna (M.P.).           The

project area is falling within the Panna National Park/Wildlife Sanctuary. This project was

examined by CEC and it has approved, subject to fulfillment of the following conditions :

          (i) NPV as per the applicable rate will be deposited by NMDC for the
              74.018 ha. under its possession and 70.202 ha. of forest land used for
              Earthen Dam;

          (ii) 5% of the capital cost incurred on diamond mining project will be
               deposited for undertaking conservation and protection in the Panna
               National Park & Panna (Gangao)Wildlife Sanctuary;

          (iii) A proper Mine Closure Plan, which includes reclamation and
                rehabilitation measures, will be drawn and implemented at the cost of
                                                  4

               the NMDC;

           (iv) The notification dated 12.4.2006 issued by the appropriate authority will
                be withdrawn;

           (v) A Monitoring Committee under the Chairmanship of the Chief Wildlife
               Warden with the Member Secretary, National Tiger Conservation
               Authority, Field Director, Panna National Park and a non-official Member
               of the National Board for Wildlife (to be nominated by the MoEF) as its
               members will be responsible for
               (a) Approval of the mine closure plan;
               (b) Prescribing and Monitoring of various safeguards for operation of the
               mines;
               (c)Approval and Monitoring of the annual work plan for utilization of
               funds received from the NMDC towards the NPV and 5% of the project
               cost."



               We nominate Ms.Belinda Wright, as a non-official Member in the above said

Monitoring Committee.

               The above conditions are acceptable to the NMDC and the project is approved

subject to fulfillment of the above conditions. Applications are disposed of accordingly.

I.A.No.2019:

               The applicant-Tamil Nadu Electricity Board proposes to execute Kundaw

Pumped Storage Hydro Electric Project in Neelgiris District (T.N.). According to it, about 437

trees are to be cut and removed for the purpose of the said project including that of the

proposed approach road. The CEC has examined the project and approved the same,

subject to fulfillment of the following conditions :



       "(i)  Felling of 120 trees may be permitted for construction of proposed
       approach road;

       (ii) Felling of 276 trees falling the right of way may not be permitted as these
       trees are not likely to cause any hindrance to laying of transmission line.
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      Instead, permission may be granted for pruning of these trees to facilitate
      stringing operation of the transmission line;

      (iii) Feeling/pruning of trees should be done after obtaining approval under the
      F.C.Act, for non-forest use of forest land for the project."




               Subject to fulfillment of the above conditions, permission is granted to the Tamil

Nadu Electricity Board.

               I.A. is disposed of accordingly.



I.A.Nos.2255-56:



               Issue notice. C.E.C. will examine the feasibility of reconstruction of the building

sought to be constructed by the applicants and other relevant aspects and will file its

reply/response withing six weeks. List as soon as the report is made available.

I.A.Nos.2278-79:

               Adjourned.

I.A.No.2283:

               Post along with I.A.NO.2143.

I.A.No.2296:

               Adjourned.

I.A.No.2297:

            Adjourned.
I.A.Nos.2299-2300:

               Issue notice to C.E.C. and State of M.P..

               List on 5th September, 2008.
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           Meanwhile, reply, if any, may be filed.



W.P.(C)NO.356:

           List on 26th September, 2008.



        (G.V.Ramana)                            (Madhu Saxena)
           Court Master                          Court Master
                                              7

ITEM NO.MM-E              COURT NO.1              SECTION PIL



       SUPREME COURT OF INDIA
           RECORD OF PROCEEDINGS



I.A.Nos.1768/07 and 1426/05 in WRIT PETITION (CIVIL)
NO(s). 202 OF 1995

T.N. GODAVARMAN THIRUMULPAD                            Petitioner(s)

              VERSUS

UNION OF INDIA & ORS                          Respondent(s)



Date: 13/08/2008 These applications were mentioned today.



CORAM :
   HON'BLE THE CHIEF JUSTICE
   HON'BLE DR. JUSTICE ARIJIT PASAYAT
   HON'BLE MR. JUSTICE S.H. KAPADIA



For Petitioner(s)    Mr. P.K. Manohar,Adv.



For Respondent(s)/ Mr.Mukul Rohtagi, Adv.(Mentioned by)
applicant(s)       Mr.A.Venayagam Balan, Adv.




       UPON hearing counsel the Court made the following
                 ORDER



              List the applications on 19th September, 2008.



          (G.V.Ramana)                        (Madhu Saxena)
             Court Master                      Court Master
                            (Mentioned slips enclosed)
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ITEM NO.MM-F              COURT NO.1              SECTION PIL



       SUPREME COURT OF INDIA
           RECORD OF PROCEEDINGS



I.A.Nos.1421/05 in IA 703 in WRIT PETITION (CIVIL)
NO(s). 202 OF 1995

T.N. GODAVARMAN THIRUMULPAD                            Petitioner(s)

              VERSUS

UNION OF INDIA & ORS                          Respondent(s)



Date: 13/08/2008 These applications were mentioned today.



CORAM :
   HON'BLE THE CHIEF JUSTICE
   HON'BLE DR. JUSTICE ARIJIT PASAYAT
   HON'BLE MR. JUSTICE S.H. KAPADIA



For Petitioner(s)    Mr. P.K. Manohar,Adv.



For Respondent(s)/ Mr.Anil Shrivastava, Adv.(Mentioned by)
applicant(s)



       UPON hearing counsel the Court made the following
                 ORDER



              List the applications on 26th September, 2008.



          (G.V.Ramana)                        (Madhu Saxena)
             Court Master                      Court Master
                            (Mentioned slips enclosed)
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ITEM NO.MM-G                COURT NO.1            SECTION PIL



       SUPREME COURT OF INDIA
           RECORD OF PROCEEDINGS



4th, 5th, 10th Reports of CEC in I.A.Nos.1413,1414 & 1426 in
WRIT PETITION (CIVIL) NO(s). 202 OF 1995

T.N. GODAVARMAN THIRUMULPAD                            Petitioner(s)

              VERSUS

UNION OF INDIA & ORS                          Respondent(s)



Date: 13/08/2008 These applications were mentioned today.



CORAM :
   HON'BLE THE CHIEF JUSTICE
   HON'BLE DR. JUSTICE ARIJIT PASAYAT
   HON'BLE MR. JUSTICE S.H. KAPADIA



For Petitioner(s)    Mr. P.K. Manohar,Adv.



For Respondent(s)/ Mr.Mukul Rohtagi, Adv.(Mentioned by)
applicant(s)




       UPON hearing counsel the Court made the following
                 ORDER



              List the applications on 26th September, 2008.



          (G.V.Ramana)                        (Madhu Saxena)
             Court Master                      Court Master
                            (Mentioned slips enclosed)
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ITEM NO.MM-H              COURT NO.1              SECTION PIL



       SUPREME COURT OF INDIA
           RECORD OF PROCEEDINGS



I.A.Nos.1865/07 & 2059/07 in WRIT PETITION (CIVIL)
NO(s). 202 OF 1995

T.N. GODAVARMAN THIRUMULPAD                            Petitioner(s)

              VERSUS

UNION OF INDIA & ORS                          Respondent(s)



Date: 13/08/2008 These applications were mentioned today.



CORAM :
   HON'BLE THE CHIEF JUSTICE
   HON'BLE DR. JUSTICE ARIJIT PASAYAT
   HON'BLE MR. JUSTICE S.H. KAPADIA



For Petitioner(s)    Mr. P.K. Manohar,Adv.



For Respondent(s)/ Mr.Manoj Saxena, Adv.(Mentioned by)
applicant(s)       Mr.T.V.George, Adv.




       UPON hearing counsel the Court made the following
                 ORDER



              List the applications on 26th September, 2008.



          (G.V.Ramana)                        (Madhu Saxena)
             Court Master                      Court Master
                            (Mentioned slips enclosed)