ITEM NOS.301+302 COURT NO.1 SECTIONS PIL,X, XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.Nos.208-209, 1692, 1950-1951, 1989-1990, 2105-2107 & 2219-2220 in WP(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (For permission, direction, modification, exemption from filing O.T., impleadment and recommendation of CEC ) WITH SLP(C)NO.15796/2006 (With appln.(s) for Exemption from filing O.T. and permission to file rejoinder affidavit ) AND I.A.NOS.1424-1425 & 2118 & 2211 W.P.(C)NO.202/1995 (For directions and exemption from filing O.T. & 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.Nos.2160-2161 in 1399, 2185 in I.A. 728, 2248-2249 in 1694, 2254, 2280, 2284-2286, 2314-2315, 2316-2317, 2323-2324, 2325-2327, 2376-2377 in W.P.(C)NO.144/2006 (With appln.(s) for impleadment, directions/stay, exemption from filing O.T., intervention) WITH WP(C)NO.23/2008 (With appln.(s) for exemption from filing O.T.) WITH W.P.(C)NO.24/2008 (With appln.(s) for exemption from filing O.T. and office report ) W.P.(C)NO.33/2008 (With appln.(s) for exemption from filing O.T. and office report) W.P.(C)NO.131/2008 (With appln.(s) for exemption from filing O.T. and ex-parte stay and office report) WITH W.P.(C)NO.522/2007 (With appln.(s) for exemption from filing O.T.) WITH W.P.(C)NO.D 33560/2006 (With office report) WITH W.P.(C)NO.D 30339/2006 (With office report) AND I.A.NOS.2289-2290 AND 2370 IN W.P.(C)202/1995 (For impleadment and directions, acceptance of report of Expert Committee) AND I.A.NOS.2333-2334 IN W.P.(C)NO.202/1995 (For impleadment and directions) AND I.A.Nos.2335 & 2339-2341 in W.P.(C)NO.202/1995 (For directions, impleadment and exemption from filing O.T.) AND I.A.NOS.2337-2338 IN W.P.(C)NO.202/1995 (For impleadment & directions) AND I.A.NO.2364 IN I.A.No.1364 IN W.P.(C)NO.202/1995 (For modification of court's order) AND I.A.NOS.2367-2369 W.P.(C)NO.202/1995 (For impleadment, directions & exemption from filing O.T.) AND I.A.Nos.1335, 1356, 1376-1377, 1388 in 989, 2197-2198 in W.P.(C)NO.202/1995 (Inquiry report, intervention direction, permission to file addl.documents and exemption from filing O.T., c/delay in filing Counter affidavit) AND C.A.No.8133/2003 (With appln.(s) for permission to place addl.documents on record and office report) WITH C.A.No.8134/2003 (With appln.(s) for permission to place addl.documents on record and with prayer for interim relief) WITH C.A.No.8135/2003 (With appln.(s) for permissiont o place addl. documents on record and with prayer for interim relief) I.A.Nos.2212, 2237-2238, 2277 & 2272 in W.P.(C)No.202/1995 (For impleadmen/directions and intervention) WITH I.A.NOs.2164, 2167, 2169, 2170, 2239, 2319, 2129,2293-2294, 2298, 2304-2305, 2306-2307, 2329-2330, 2344-2345 and 2351 in 1413 in W.P.(C)NO.202/1995 (Report of CEC 1st, 4th, 6th, 7th, 8th & 10th for constitution of FAC & Impleadment, permission to file objection to CEC report, permission to file addl.documents, orders/directions) AND I.A.No.170 in W.P.(C)NO.460/2004 (For directions) Date: 03/10/2008 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.) 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.R.S.Suri, Adv. Mr.Sushil Kr.Jain, Adv. Mr.Punit Jain, Adv. Mr.Rameshwar Prasad Goyal, Adv. Mr.R.S.Chaurasia, Adv. Mr.M.K.D.Namboodiri, Adv. Mr.J.S.Attri, Adv. For Respondent(s)/ Mr.G.E.Vahanvati, Sol.Genl.of India applicant(s) Mr.Haris Beeran, Adv. Mr.P.Parmeswaran, Adv. Mr.D.S.Mahra, Adv. Mrs.Asha G.Nair, Adv. For Mr.D.S.Mahra, Adv. Mr.B.K.Prasad, Adv. Mr.S.W.A.Qadri, Adv. Mrs.Sweta Garg, Adv. Mr.Ashish Gopal Garg, Adv. For Mrs.Anil Katiyar, Adv. I.A.No.1413 Mr.Mukul Rohtagi, Sr.Adv. Mr.S.B.Upadhyay, Sr.Adv. Mr.Pawan Upadhyay, Adv. Ms.Anisha Upadhyay, Adv. Ms.Sharmila Upadhyay, Adv. Ms.Rachana Srivastava, Adv. Mr.P.Narasimhan, Adv. Ms.Lalitha Kaushik, Adv. Ms.Pinky Anand, Addl.Adv.Genl. Mr.P.N.GUpta, Adv. Mr.L.R.SIngh, Adv. Ms.Binu Tamta, Adv. Mr.Mukul Rohtagi, Sr.Adv. Mr.Mahesh Agarwal, Adv. Mr.Rishi Agrawala, Adv. Mr.Gaurav Goel, Adv. For Mr.E.C.Agrawala, Adv. Mr.Rajesh Srivastava, Adv. Mr.Mukul Rohtagi, Sr.Adv. Mr. Sunil Kr.Jain, Adv. Mr.P.K.Basumajumdar, Adv. Mr.R.S.Jena, Adv. Mr.Ambhoj Kr.Sinha, Adv. Mrs.Rani Chhabra, Adv. Mr.Anil Srivastava, Adv. Ms.Alka Agrawal, Adv. Mr.Ajay Kr.Agarwal, Adv. Ms.Anamika Agrawal, Adv. Mr.Anuvrat Sharma, Adv. Mr.Naresh Kr.Sharma, Adv. Mr.Rajiv Tyagi, Adv. Mr.Naveen Kumar Singh, Adv. Mr.Shashwat Gupta, Adv. Mr.Bharat Bhushan, Adv. For Mr.Aruneshwar Gupta, Adv. Mr.G.Prakash, Adv. M/s.Suresh A.Shroff & Co., Advs. Mr.V.Krishna Murthy, Adv. Mr.Sanjay Jain, Adv. Mr.M.L.Lahoty, Adv. Mr.Paban K.Sharma, Adv. Mr.Himanshu S., Adv. Mr.Vijay Panjwani, Adv. Mr.Ashwini K.Shakuja, Adv. Mr.K.K.Venugopal, Sr.Adv. Mr.Oswaldo de Ataida, Adv. Mr.P.Venugopal, Adv. Ms.Surekha Raman, Adv. Ms.Barsha Misra, Adv. Ms.Deepti, Adv. For M/s.K.J.John & Co.,Advs. Mr.T.Harish Kumar, Adv. Ms.A.Subhashini, Adv. For Director, Mr.Bhavanishankar V.Gadnis, Adv. Env.&Goa State Ms.Asha G.Nair, Adv. Poll.Cont.Bd. Mr.Raj Panjwani, Adv. Ms.Purnima Bhat Kak, Adv. Mr.A.Sharan, ASG Mr.Vishnu B.Saharya, Adv. For M/s.Saharya & Co., Advs. I.A.Nos.2376-77 Mr.C.P.Sharma, Adv. & 2160-2161 Mrs.Geeta Sharma, Adv. Mrs.Santosh Singh, Adv. I.A.No.1335 Mr.K.K.Venugopal, Sr.Adv. Mr.P.H.Parekh, Sr.Adv.(NP) Mr.Sunit Goel, Adv. Mr.Gopal Shankar Narayanan, Adv Mr.Shubhranshu Padhi, Adv. For M/s.Parekh & Co., Advs. I.A.No.2248 Mr.Mukul Rohatgi,Sr.Adv. Mr.Ranjit Kumar, Sr.Adv. Mrs.Rani Chhabra, Adv. Ms.Pratibha Sharma, Adv. I.A.Nos.1424-25 Mr.Dhruv Mehta, Adv. Mr.Yashraj Singh Deora, Adv. Mr.T.S.Sabarish, Adv. Mr.Uma Shankar Agrawal, Adv. For M/s.K.L.Mehta & Co., Advs. I.A.Nos.2314-15- Mr.K.K.Rai, Sr.Adv. 16-17 Mr.Santosh K.Sethi, Adv. Mr.S.K.Pandey, Adv. Dr.Kailash Chand, Adv. I.A.No.2364 in Mr.Mukul Rohatgi, Sr.Adv. 1364 Mr.V.B.Joshi, Adv. Mr.Kailash Pandey, Adv. Mr.Mukesh Kumar, Adv. I.A.Nos.2304-05 Mr.Mukul Rohatgi, Sr.Adv. Mr.Ayush Agrawal, Adv. Mr.S.S.Shamsherry, Adv. Mr.Pramod Kumar, Adv. Dr.Kailash Chand, Adv. Mr.Sahdev Singh, Adv. Mr.Fuazail Khan, Adv. Mr.Anil Kr.Jha, Adv. I.A.Nos.1424-25 Mr.K.K.Venugopal, Sr.Adv. Mr.Ravi Shankar Prasad, Sr.Adv.(NP) Ms.Suparna Srivastava, Adv. Mr.Ankur Talwar, Adv. Mr.Ram Swarup Sharma, Adv. I.A.Nos.2344-45& Mr.Mukul Rohatgi, Sr.Adv. 2351 Mr.Nikhil Goel, Adv. Ms.Sheela Goel, Adv. I.A.Nos.2325-2327 Mr.Arvind Kumar Shukla, Adv. In IA no.1399 Mr.Alok Shukla, Adv. Mr.Sunil Kr.Shukla, Adv. Mr.G.D.Mishra, Adv. For Mr.Irshad Ahmad, Adv. I.A.Nos.2293-94 Mr.G.E.Vahanvati, Sol.Genl.of India Mr.L.N.Rao, Sr.Adv.(NP) Mr.Nikhil Goel, Adv. Ms.Sheela Goel, Adv. I.A.Nos.2289-90 Mr.G.E.Vahanvati, Sol.Genl.of India Mr.S.B.Upadhyay, Sr.Adv. Mr.Santosh Mishra, Adv. Ms.Sharmila Upadhyay, Adv. I.A.Nos.2337&2338 Mr.V.Shekhar, Sr.Adv. Mr.Nishe Rajen Shonker, Adv. For M/s.T.T.K.Deepak & Co., Advs. I.A.Nos.2367-2369 Mr.G.E.Vahanvati, Sol.Genl.of India Mr.Ajit Pudussery, Adv. Mr.Kunal Verma, Adv. Mr.Rajul Shrivastava, Adv. Ms.Vibha Datta Makhija, Adv. I.A.Nos.2219-2220 Mr.Mukul Rohtagi, Sr.Adv. Mr.K.K.Tyagi, Adv. Mr.Iftekhar Ahmad, Adv. Ms.Yogmaya Agnihotri, Adv. Mr.D.K.SInha, Adv. Mr.Anil Pande, Adv. I.A.Nos.1424-25& Mr.Anil B.Divan, Sr.Adv. 2211 Dr.A.M.SInghvi, Sr.Adv. Mr.P.C.Sen, Adv. I.A.Nos.2344-45 Mr.Mukul Rohtagi, Sr.Adv. Mr.Tarun Gulati, Adv. Mr.Neil Hildreth, Adv. Ms.Sheela Goel, Adv. I.A.Nos.2329-30 in Mr.Sunil Dogra, Adv. I.A.2319 Ms.Bina Madhavan, Adv. For M/s.Lawyers' Knit & Co., Advs. I.A.No.2272 in Mr.Amit Anand Tiwari, Adv. 2212 Ms.Shobha Dixit, Sr.Adv. Mr.Sahdev Singh, Adv. Mr.Anil Kr.Jha, Adv. UPON hearing counsel the Court made the following O R D E R I.A.Nos.2164, 2167, 2169, 2170, 2239, 2319, 2304-05, 2306-07, 2293-94, 2298, 2329-2330, 2351, 2344-45, 2129: The applicant M/s.Hindalco has sought for diversion of 106.76 ha. of forest land for the renewal of the Kesarsada Mining lease in its favour. The Director General of Forests is directed to take a decision in this matter having regard to the report submitted by C.E.C. in the matter, within eight weeks. Application as regards the applicant is disposed of. I.A.Nos.2304-05: The applicant M/s.Ispat Godawari Ltd. in the district Rajgaon, Chhattisgarh has sought for diversion of 110 ha. of forest land for the mining of iron ore in its favour. The CEC has considered the application and has made the following additional recommendations. The FAC has also made certain recommendations. The additional conditions imposed by CEC are as under : a) The mineral extracted from the mine will be exclusively for captive consumption/sale. No sale of mineral will be permissible. b) The forest area approved under the F.C.Act and the forest area included in the mining lease approved under the MMRD Act will be identical. The NPV will be payable for the entire forest area included in the mining lease approved under the MMRD Act and c) The forest land will be handed over and allowed to the used for mining only after the Environmental Clearance is first accorded. The said conditions are acceptable to the applicant. Subject to the fulfillment of the above additional conditions, in addition to other stipulated conditions, MoEF may grant permission. The application as regards the applicant is disposed of accordingly. The applicant-M/s.Pushp Steel and Mining Pvt. Ltd. sought for diversion of 66 ha.of forest land in Kanker District for iron ore mining lease in its favour. Subject to the fulfillment of the additional conditions as in the case of M/s.Ispat Godavari Ltd.'s application noted above, MoEF may grant permission. Application as regards the applicant is disposed of accordingly. I.A.No.2378: List on 7th November, 2008 with connected matter. The Secretary, Ministry of Coal may give his views within four weeks. I.A.Nos.2293-94 & 2298: F.A.C. is given four weeks time to take an appropriate decision. Adjourned by five weeks. The applicant-MPSMCL in Sidhi district, M.P. Sought permission for mining of coal at Amelia (North coal block). Secretary, Ministry of Coal, may file his views within four weeks. List on 7th November, 2008. I.A.Nos.2306-07: The applicant - M/s.Bhilai Steel Plant seeks permission for diversion of 883.22 ha. of forest land for Rowghat Iron ore mining project in its favour. CEC has filed its report. FAC has made certain recommendations. The applicant has to fulfill the recommendations made by the FAC and also with an additional condition that the NPV for the forest area will be payable as per the rate applicable for area falling in a Wildlife Sanctuary. The conditions imposed by the CEC are acceptable to the applicant. Having regard to this fact, the MoEF may take a decision within a reasonable period. The applications as regards the applicant are disposed of accordingly. The applicant-M/s.Madras Cements in Krishna District of Andhra Pradesh seeks permission for diversion of 160 ha. of forest land for lime stone mining in its favour. The CEC has studied the project and has made certain observations. The suggestions/observations are acceptable to the applicant. The project may be reviewed by the MoEF in the light of the observations made by CEC in this regard. The application as regards the applicant is disposed of accordingly. The applicant M/s.Orissa Manganese and Minerals Pvt. Ltd. in Singhbhum (West) district of Jharkhand seeks permission for diversion of 141.447 ha. of forest land for iron ore mining in its favour. The CEC has studied the project and has made certain observations. The suggestions/observations are acceptable to the applicant. The project may be reviewed by the MoEF in the light of the observations made by CEC in this regard. The application as regards the applicant is disposed of accordingly. The applicant M/s.JSW in District Bellari, Karnataka seeks permission for diversion of 200.73 ha. of forest land for iron ore mining in its favour. The CEC has examined the project and has suggested that it may be reviewed by MoEF in view of suggestions made by CEC. The applicant accepts the suggestions made by CEC. MoEF may give its decision keeping in view the suggestions made by the CEC and after the report of the Lok Ayukt, Karnataka regarding Bellari-Hospat mining is received. The application as against the applicant is disposed of accordingly. Application In re: M/s.V.M.Salgaocar Brothers Pvt.Ltd.: No orders. The applicant M/s.Orissa Mining Corporation in Keonjhar district of Orissa seeks diversion of 117.9648 ha. of forest land (fresh area 76.7206 ha. and broken up forest land 41.2442 ha.) (our of 216.3617 ha. of forest land proposed) in Gandhamardan Block-A in its favour for first renewal of mining lease. The CEC has examined the same and has laid down the following conditions : "a) The Wildlife Institute of India should prepare a Wildlife Management Plan for the area which should be implemented at the project cost. The diversion of forest land for mining should be considered only if with appropriate remedial measures the adverse impact of mining on wildlife conservation and protection is found to be containable within reasonable limits; b) approval under the F.C.Act should be restricted to 117.9648 ha. of forest area. The possession of the balance forest area should be taken over by the Forest Department. Before grant of the formal approval under the F.C.Act, the mining lease granted under the MMRD should be revised so that the total forest area included in the mining lease and the forest area approved under the F.C.Act are identical; c) Compensatory Afforestation charges should be payable for the entire forest area after deducting the forest area legally broken up during the validity of the mining lease; d) for carrying out the mining operations between 1993 to 1997 in violation of the F.C.Act, an amount equal to the NPV payable in the present case should be imposed as a penalty on the user agency; and e) the approval under the F.C.Act should be granted only after the environmental clearance for the project is accorded." The MoEF may take an appropriate decision having regard to the recommendations made by CEC. The application as regards the applicant is disposed of accordingly. The applicant M/s.K.N.Ram & Co. in Keonjhar district of Orissa seeks temporary working permission (TWP) over already broken up forest area of 27.10 ha. in Roida mining lease of 74.867 ha. in its favour. The application as regards the applicant is disposed of in terms of the orders passed by this Court on 25.4.2008 and 2.5.2008. I.A.No.2329-30: The application filed by M/s.Bonai Industrial Co. Ltd. in Nadidihi Iron and Manganese Mining Lease Area is also disposed of in terms of the orders passed by this Court on 25.4.2008 and 2.5.2008. I.A.Nos.2329-2330 are disposed of accordingly. M/s.Jaypee Power Grid Ltd., Sholtu within the jurisdiction of Kinnaur, Rampur, Tehog, Rajgarh and Nahan Forest Divisions in Kinnaur, Shimla and Sirmour districts of Himachal Pradesh seeks permission for diversion of 322.6538 ha. of forest land for 400 Kv D.C Karcham Wangtoo-Abdullapur transmission line in its favour. The CEC has made certain observations after the considering the project. The suggestions made by CEC are acceptable to the applicant. MoEF may take a decision after considering the observations made by CEC. The application as regards the applicant is disposed of accordingly. I.A.Nos.2344-45 & 2351: The applicant M/s.Adani Chemicals Ltd. in Kutch district of Gujarat has made this application for reconsideration of diversion of 1850 ha. (approved area of 1840 ha.) of forest land for high purity salt works in its favour for development of Mundra Special Economic Zone and also for reconsideration of diversion of one consolidated patch in Survey No.169/36 admeasuring 168.41 ha. of forest land for the Salt Washery Desalination plant and container depot near Dhrub village in Kutch district of Gujarat. CEC has examined the project and has submitted its report. Meanwhile, as regards the proposed land use, the State Government may furnish a fresh proposal to the FAC within a reasonable time. FAC may take an appropriate decision at the earliest. The applications as regards the applicant are disposed of accordingly. I.A.Nos.208-209, 1692, 1989-1990 & 2219-2220 in WP(C)No.202/1995: The benefit of the order passed by this Court on 2nd May, 2008 shall be applicable to these applicants also, subject to payment of penalty as in other cases. The applications are disposed of accordingly. I.A.Nos.1950-51 & 2105-07: These applicants are also entitled to avail the benefit of the order passed by this Court on 2nd May, 2008 and it is to be noticed that they have broken the seal put by the forest department. The C.E.C. has suggested an additional penalty of a sum of Rupees one lac on these applicants for this act. The applicants are allowed to operate subject to payment penalty and additional amount of rupees one lac to be deposited with the State Level Committee. The applications are disposed of accordingly. I.A.NO.2211: W.P.(C)NO.469/2005: In this application, certain allegations have been made and indicated that M/s.BALCO is in possession of about 1897 ha. of government land out of which about 1751 acres is recorded as jungle in the revenue records. Learned counsel appearing for the State of Chhattisgarh states that lease was granted in favour of M/s.BALCO to an extent of 388 acres but this was disputed by learned counsel appearing for M/s.BALCO. We are told that M/s.BALCO has filed a writ petition bearing No.5328/1996 before the High Court, Chhattisgarh for regularisation of the alleged lease/allotment in their favour by the government. We are told that the writ petition is being adjourned from time to time. As this matter is pending before the High Court, we request the High Court to dispose of the writ petition pending before it and pass final orders at the earliest within a period of three months from today. Post this matter after the decision of the High Court. I.A.Nos.1424-25: The applicant to file its response to the report filed by CEC within four weeks. List on 17th October, 2008 for directions. I.A.Nos.2289-90: The C.E.C. has filed its report after examining the project and has laid down certain conditions. The conditions are acceptable to the applicant. Subject to fulfillment of the conditions laid down by the C.E.C., the project is approved. The applications are disposed of accordingly. I.A.Nos.170-175 in W.P.(C)No.460/2004: List on 17th October, 2008. Rest of the matters on board today: List on 7th November, 2008. (G.V.Ramana) (Madhu Saxena) Court Master Court Master