1 REVISED ITEM NO.301 COURT NO.1 SECTIONS PIL,X, XIV SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.991, 1004, 1185, 1273, 1280, 1294, 1443, 1611, 2018 & 2073, 2175, 2357 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (For recommendation of CEC regd. Illegal mining in Chousil Reserve Forest Lalitpur, U.P. & Direction and exemption from filing O.T.) WITH I.A.No.979 in I.A.Nos.443, 1204, 1245, 1357 & 2110, 2141 in W.P.(C)NO.202/1995 (For recommendation of CEC in I.A.No.443, report of CEC in I.A.No.979, direction & Exemption from filing O.T.) AND I.A.No.2213-2215 in I.A.Nos.948-948A in W.P.(C)NO.202/1995 (For intervention, direction and exemption from filing O.T.) AND I.A.NOs.2070, 2071, 2142 & 2387 in 2071 in W.P.(C)NO.202/1995 (For impleadment, direction and clarification) AND I.A.Nos.2281-2282 in W.P.(C)NO.202/1995 (For permission & exemption from filing O.T.) AND I.A.NOS.1381, 1429, 1519-1520, 1652-1654, 1782-1783, 1812, 1995-1996, 1998-1999, 2014 and 2120 in W.P.(C)NO.202/1995 (Report of CEC regd. Functioning of illegal Saw Mills in Haryana, issue of licence to the wood based industries dt.30.10.2007, permission to file addl. affidavit, seeking leave to file affidavit, impleadment, directions, exemption from filing O.T.) AND I.A.No.1421 in 703 in W.P.(C)NO.202/1995 (For directions) AND I.A.No.941 in I.A.Nos.754-755 with I.A.No.777, 1131-1133, 1138-1146, 1148, 1184, 1272, 2 1361, 1579-1580 in W.P.(C)NO.202/1995 (Recommendation of CEC in I.A.No754-755 and for impleadment, direction/ modification and vacation of stay) WITH W.P.(C)No.356/2007 (With appln.(s) for stay) AND I.A.No.2000-2000A in W.P.(C)NO.202/1995 (For intervention and directions) AND I.A.Nos.2147-2148, 2149-2150 & 2153-2154 in W.P.(C)No.202/1995 (For intervention and permission) AND I.A.Nos.2245-2246 in I.A.No.1620/2006 in I.A.No.566/2002 (For direction/clarification and interim stay) AND I.A.Nos.2287-2288 in W.P.(C)NO.202/1995 (For impleadment and directions) AND I.A.NO.2342 IN 2119 IN 1483 IN 548 IN W.P.(C)NO.202/1995 (For permission/modification) I.A.Nos.2306-2307 in I.A.No.1785 in W.P.(C)NO.4677/1985 AND I.A.NOS.2198 @ CONT.PET.NO.125/2006 IN I.A.1785 IN W.P.(C)NO.4677/1985 (For direction on behalf of Devender Bhadana) AND I.A.No.D.58737 in W.P.(C)No.4677/1985 (Foir impleadment/directions and O.T.) AND I.A.Nos.1-3 in SLP(C)..... CC 11166/2008 (With appln.(s) for permission to file SLP and with prayer for interim relief and office report) Date: 20/10/2008 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.)(NP) 3 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. Mr.J.S.Attri, Adv. For Respondent(s)/ Mr.G.E.Vahanvati, Sol.Genl.of India applicant(s) Mr.A.Mariarputham, Adv. Mr.D.D.Kamat, ADv. Mr.Haris Beeran, Adv. Mr.P.Parmeswaran, Adv. Mr.D.S.Mahra, Adv. I.A.No.2342 Mr.G.E.Vahanvati, Sol.Genl.of India Mr.Ravindra Adsure, Adv. Mr.S.W.A.Qadri, Adv. For Mrs.Anil Katiyar, Adv. M/s.Fox Mandal & Co. Advs. Mr.Salman Khurshid, Sr.Adv. Ms.AbhaR.Sharma, Adv. Mr.D.S.Parmar, Adv. Mr.Susheel Tomar, Adv. Mrs.Sunita R.Singh, Adv. Mr.Anil Kr.Jha, Adv. Mohd.Fuzail Khan, Adv. Mr.J.K.Bhatia, Adv. Mr.Sridhar Potaraju,Adv. Mr.Pramod Dayal, Adv. Ms.Rachna Srivastava, Adv. Ms.Rani Chhabra,Adv. 4 Dr.(Mrs.)Vipin Gupta, Adv. Ms.Suparna Srivastava, Adv. Mr.Rajesh Srivastava, Adv. For Tripura Mr.Gopal Singh, Adv. Mr.Rituraj Biswas, Adv. For Bihar Mr.P.K.Shahi, Adv.Genl.,BIhar, Mr.Gopal Singh, Adv. Mr.Manish Kumar, Adv. Mr.Mukul Rohtagi, Sr.Adv. Mr.Praveen Jain, Adv. Mr.Ravi Kini, Adv. Mr.Krishan Kumar, Adv. Mr.Sumit Gupta, Adv. Mr.Mohd.Yasir Abbasi, Adv. Mr.M.L.Lahoty, Adv. mr.lakshmi Jayshankar, Adv. Mr.Pawan Kumar, Adv. Mr.S.Balaji, Adv. Mr.Manjit Singh, Adv. For Mr.T.V.George, Adv. Ms.S.Janani,Adv. Mr.Ranjan Mukherjee, Adv. Mr.Aruneshwar Gupta, Adv. Mr.Naveen Kr.Singh, Adv. Mr.Shashwat Gupta, Adv. Mr.Bharat Bhushan, Adv. Mr.Vikas Upadhyay, Adv. For Mr.B.S.Banthia, Adv. Mr.T.C.Sharma, Adv. Mr.D.K.Garg, Adv. Mr.Ajay Sharma, Adv. 5 Mr.K.K.Rai, Sr.Adv. Mr.S.K.Pandey, Adv. Mr.Krishnanand Pandey, Adv. Ms.Manita Verma, Adv. Mr.S.K.SInha, Adv. Mr.Kumar Rajesh Singh, Adv. Ms.Punam Singh, Adv. For Mrs.Niranjan Singh, Adv. Mr.Anil Srivastava, Adv. Mr.Ritu Raj, Adv. Mr._____,Adv.(proxy) for Mr.Raj Kumar Mehta, Adv. Mr.J.R.Das, Adv. Mr.Vijay Panjwani, Adv. Mr.Avijeet Bhujabal, Adv. Mr.J.K.Das, Adv. Mr.Naresh Kr.Sharma,Adv. Mr.V.S.Raju, Adv. Mr.T.N.Rao, Adv. Mr.Shwetaketu Mishra, Adv. Respondent-in-person Ms.Shilpa Chohan, Adv. Mr.Rajesh Singh, Adv. Mr.Riku Sarma,Adv. For M/s.Corporate Law Groupds, Advs. Mr.Goodwill Indeevar, Adv. Ms.Sumitha Hazarika, Adv. 6 Ms.Asha G.Nair, Adv. Mrs.Anil Katiyar, Adv. Mr.Arun Kr.Beriwal, Adv. Mr.Ashwarya Sinha, Adv. Mr.Aabhas Parimal, Adv. For Mr.Amboj Kr.Sinha, Adv. Mr.M.L.Lahoti, Adv. Mr.Paban K.Sharma, Adv. Mr.Himanshu Sharma, Adv. Mrs.Shiel Sethi, Adv. UPON hearing counsel the Court made the following ORDER I.A.Nos.2281-2282: List on Friday the 24th October, 2008. CEC may file its reply/response if any, in the meantime. I.A.Nos.991, 1004, 1185, 1273, 1280, 1294, 1443, 1611, 2018 & 2073, 2175, 2357 AND I.A.No.979 in I.A.Nos.443, 1204, 1245, 1357 & 2110, 2141: List on 19th December, 2008. I.A.Nos.2213-15 in I.A.Nos.948-948A: Issue notice to C.E.C. and State of Chhattisgarh. Response/report, if any, may be filed within four weeks. I.A.No.2070, 2071, 2142 & 2387 in 2071: I.A.NO.2070: In the State of Bihar there is a wildlife sanctuary by name Valmiki Wildlife 7 sanctuary, which is originally having extent of 880 sq.km. and now it seems that the State seeks to reduce the extent to 840.26 sq.km. as part of the rationalisation of the boundary of the sanctuary. The C.E.C. has examined the matter and filed a report wherein it is stated that this is a part of the north-western flank of the sanctuary and it contains low hill sal and miscellaneous forests of high density with small grassy moist patches; tiger, Leopard, Wild Boar, Sloth Bear Sambhar and Cheetal are found in the area and he entire area is eco- fragile and sensitive and has bearing on critical wildlife habitat. The State, if it is serious to reduce the area, may approach the MoEF Committee for rationalisation of the boundary and while considering this fact, report of the C.E.C. also may be considered. I.A. is disposed of accordingly. I.A.No.2071: The State seeks permission to divert 600.72 ha. of land for the Durgawati Reservoir Project. C.E.C. has examined and has laid down the following conditions : 1. approval under the F.C.Act will be obtained for use of the forest land; 2. the conditions on which the project has been recommended for approval by the Standing Committee of the NBWL will be strictly complied with; and 3. five per cent of the revised estimate cost of the project will be deposited by the project authorities for conservation, protection and improvement of National Parks and sanctuaries in the State of Bihar. For utilisation of the funds, a Society under the Chairmanship of the Chief Secretary, Bihar with the Principal Secretary (Forests), the Principal Chief Conservator of Forests, the Chief Wildlife Warden as its members and 8 one officer not below the rank of Chief Conservator of Forests as its Member Secretary may be got registered. This amount alongwith the amount payable towards the NPV, Catchment Area Treatment and Compensatory Afforestation should be deposited in an interest bearing account(s) in a nationalised bank(s) maintained by the Society and income received by way of interest should be used in perpetuity for conservation, protection and development of forest and wildlife in the State. The said conditions are acceptable to the applicant. Subject to the fulfillment of the above conditions, the project is cleared. I.A. is disposed of accordingly. NBWL had earlier recommended that action be taken against some officers. But having regard to larger interest, no further action is required and we make it clear that no proceeding may be taken against the said officers. Consequently, I.A.Nos.2142 & 2387 are also disposed of. I.A.Nos.1381, 1429, 1519-1520, 1652-1654, 1782-1783, 1812, 1995-1996, 1998-1999, 2014 and 2120: I.A.No.1381: This application is regarding functioning of unlicensed wood-based industries in the State of Haryana. The C.E.C. has examined the matter and the State has complied with all the recommendations of C.E.C. and the State, as per the recommendations of the C.E.C., has framed rules for giving/granting licenses and it was stated that all steps are being taken for issuing licenses. No further directions are required. 9 I.A. is disposed of accordingly. I.A.No.1429: In the State of Uttaranchal, there are certain plants of Medium Density Fibre Board (MDFB) which are not using the timber for this purpose. The C.E.C. has examined the matter and has made certain recommendations. The State has not raised any objections to the recommendations of C.E.C. The application as regards Uttaranchal is disposed of. List the application on 28th November, 2008 as regards the State of Madhya Pradesh. I.A.Nos.1519-1520: There are large number of applicants to start the wood based industries in the State of West Bengal. There are 2927 units seeking permission to start wood based industries. The total timber available from the forest area was assessed to be 14.25 lakh cu.m. as against 25.52 lakh cu.m. assessed by the State Government. The available timber is adequate only to accommodate 750 saw mills. C.E.C. has suggested that as regards 750 saw mills, they may be given licenses according to the guidelines and suggestions issued by it. It is also noticed that there are several other wood based industries which are operating only on the imported timber. C.E.C. has suggested that these wood based industries shall be located at such places which are away from the forest land and also to ensure that these wood based industries are not using non-imported timber. If these conditions are acceptable to the State Government, the State Government may process 10 the applications in accordance with the guidelines and suggestions issued by C.E.C. and issue licenses based on the said guidelines/suggestions. The interim order(s) passed by this Court on 18 th May, 2007/27th July, 2007 staying granting licenses is vacated. I.A.s are disposed of accordingly. I.A.Nos.1652-1654, 1782-1783, 1812, 1995-1996, 1998-1999, 2014 and 2120 are also disposed of accordingly. I.A.No.1421 in 703 : C.E.C. to file its response within four weeks. I.A.No.941 in I.A.Nos.754-755 with I.A.No.777, 1131-1133, 1138-1146,1148, 1184, 1272, 1361, 1579-1580 & W.P.(C)NO.356/07: List on 5th December, 2008. I.A.No.2000-2000A: Applicant to serve the unserved respondent-State of Chhattisgarh. In addition, permitted to serve the standing counsel for the State. Adjourned by four weeks. I.A.No.2149-2150 & 2153-2154: It is submitted that the recommendations of C.E.C. are acceptable to the applicant-NHAI and the project is cleared subject to the fulfillment of suggestions/recommendations of C.E.C. The applications are disposed of accordingly. I.A.No.2147-2148: List on 10th November, 2008. 11 I.A.NO.2245-2246 in I.A.No.1620 in I.A.No.566/2002: Adjourned. I.A.No.2287-2288: Issue notice to C.E.C. C.E.C. to file its response within four weeks. I.A.No.2342 in 2119 in 1483 in 548: In the State of Maharashtra, the Great India Bustard Wildlife Sanctuary, as on paper, having an extent of 8496.44 sq.kms. But it is submitted by the learned Solicitor General of India, appearing for the State, that out of this area 347.63 sq.kms.is effectively the wildlife sanctuary and out of this 347.63 sq.kms., 250.64 sq.kms. is forest and 85.72 sq.kms is vacant land and 11.27 sq.kms. is private land. Learned Solicitor submits that they are carrying non-forest activities in the rest of the area including 347.63 sq.kms. The rationalisation of the boundary of the sanctuary is to be finally decided based on the recommendation of the Committee constituted for the said purpose working under the MoEF. The Committee may take an early decision and based on the decision, the rest of the area which is excluded in such non-forest activities could be permitted. We request the rationalisation committee to take a decision at the earliest at least within a period of four weeks. List after six weeks. I.A.No.2306-2307 in I.A.1785 in W.P.(C)4677/1985: Issue notice. Notice shall also be issued to C.E.C. I.A.No.2198@ CONT.PET.NO.125/2006 IN I.A.1785 IN W.P.(C)NO.4677/1985: The State to file its affidavit within four weeks. 12 I.A.No.D 58737 in W.P.(C)NO.4677/1985: Adjourned. I.A.Nos.1-3 in SLP(C)....CC 11166/2008: Permission to file SLP granted. Issue notice to State of Himachal Pradesh and C.E.C. (G.V.Ramana) (Madhu Saxena) Court Master Court Master