1 ITEM NOS.301,302,303 COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.2166 in 1413 in W.P.(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (3rd Report of CEC for POSCO) AND I.A.Nos.2310 in I.A.NO.2269 in W.P.(C)No.4677/1995 (For Intervention/direction) AND I.A.NOS.2273-2274 IN W.P.(C)NO.202/1995 (For impleadment & permission) AND WITH I.A.NOS.2293-2294, 2298 AND 2331-2332 IN I.A.NO.2167 IN W.P.(C)NO.202/1005 Date: 08/08/2008 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.) in W.P.(C)4677/85 Mr.Ranjit Kumar, Sr.Adv.(A.C.) Mr.Kamal Gupta, Adv.(A.C.) 2 For Petitioner(s) Mr. P.K. Manohar, Adv. In person For Respondent(s)/ Applicant(s) Mr. G.E.Vahanvati, Sol.Genl.of India Mr. Harris Beeran, Adv. Mr. P. Parmeswaran, Adv. Mr.M.P.S.Tomar, Adv. Mr.D.S.Mahra, Adv. Mr.K.K.Venugopal, Sr.Adv. Mr.Jana Kalyan Das, Adv. Mr.Avijeet Bhujabal, Adv. Mr.Soli Sorabjee, Sr.Adv. Mr.Vijay Panjwani, Adv. Mr.D.N.Goburdhun, Adv. Ms.Pinky Anand, Adv. Mr.Mukul Rohtagi, Sr.Adv. Ms.Shruti Chaudhary, Adv. Ms.Swati Sinha, Adv. For M/s.Fox Mandal & Co., Advs. Mr.R.Gopalakrishnan, Adv. Mr.L.N.Rao, Sr.Adv. Mr.Nikhil Goel, Adv. Ms.Sheela Goel, Ad. Mr.Sayid Marsook Bafaki, Adv. Mr.Vijay Panjwani, Adv. Mr.Manjit Singh, AAG. For Mr.T.V.George, Adv. Mr.Aruneshwar Gupta, Adv. Mr.B.S.Banthia, Adv. 3 Mr.K.R.Sasiprabhu, Adv. Mr.M.K.Sreegesh, Adv. UPON hearing counsel the Court made the following ORDER The matters which are listed for 29th August, 2008 are adjourned. List the same on 1st September, 2008. I.A.No.2166 in 1413: M/s.POSCO, a Company registered in the Republic of Korea, proposes to start an integrated steel plant in the State of Orissa. The C.E.C. has examined the project and has recommended for diversion of 1253.225 ha. of forest land. It is stated that about 2.8 lacs trees are to be cut and removed from this area. The Forest Advisory Committee (F.A.C.) has also examined the project and has given its report. The MoEF may take an appropriate decision in this regard and subject to the decision of the MoEF, this project is cleared. As regards mining operations, the matter is pending with the Orissa State Authorities and we are told that the matter has already heard by the appropriate authority. The decision may be taken within a period of four weeks. As there is involvement of cutting of a large number of trees, especially from the coastal side, examination of mitigating measures to be taken to protect this area from cyclone and other natural calamities is necessary. We appoint a Committee consisting of Shri S.K.Patnaik, presently acting as a Member of C.E.C., as Chairman. The Tribal Welfare Department of the State of Orissa will nominate a Member and also the MoEF will nominate another Member to this Committee. The Forest & Environment Department of State of 4 Orissa may also nominate another Member to this Committee. The Committee shall examine the steps to be taken as mitigating measures. It may be noted that this part of the order is as an interim measure. I.A.Nos.2310 in I.A.NO.2269: List on 1st September, 2008. Meanwhile, reply/counter if any, may be filed. I.A.NOS.2273-2274: Issue notice to C.E.C. C.E.C. will examine the matter and file its reply within a period of six weeks. I.A.NOS.2293-2294, 2298: List on 26th September, 2008. I.A.Nos.2331-32: These applications relate to the mining area in Hospet in Karnataka. C.E.C. has already examined and filed its report and has stated that the mining operation was not there for a long time i.e. 1994 and all of a sudden its renewal was granted in 2006. We are not aware of the circumstances under which the renewal was granted. We would like this matter to be examined by the Lok Ayukta of Karnataka which is also seized of a similar matter. We request the Lok Ayukta of Karnataka to give a report within a period of six weeks. 5 Registry will send all the relevant/connected records in a sealed cover to the Lok Ayukta, Karnataka. (G.V.Ramana) (Madhu Saxena) Court Master Court Master 6 ITEM NO.MM-I COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.1485 & 1507 in WRIT PETITION (CIVIL) NO(s). 202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 08/08/2008 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.Sridhar Potaraju, Adv. Mr.D.Julius Reimei, Adv. UPON hearing counsel the Court made the following ORDER List the applications on 13th August, 2008. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slips enclosed) 7 ITEM NO.MM-J COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.1572 & 1578 in WRIT PETITION (CIVIL) NO(s). 202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 08/08/2008 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.L.Nageswara Rao, Sr.Adv.(Mentioned by) applicant(s) Mr.T.V.George,Adv. UPON hearing counsel the Court made the following ORDER List the applications on 1st September, 2008. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slips enclosed) 8 ITEM NO.MM-K COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.2289-90 in WRIT PETITION (CIVIL) NO(s). 202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 08/08/2008 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.Santosh Mishra, Adv.(Mentioned by) applicant(s) Ms.Sharmila Upadhyay,Adv. UPON hearing counsel the Court made the following ORDER List the applications on 5th September, 2008. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slips enclosed) 9 ITEM NO.MM-L COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.2102-2103 in I.A.Nos.1628-30/06 in WRIT PETITION (CIVIL) NO(s). 202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 08/08/2008 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.Hemal Sheth, Adv.(Mentioned by) applicant(s) for M/s.Lawyers' Knit & Co.,Advs. UPON hearing counsel the Court made the following ORDER Tag the applications with I.A.Nos.2312-13/08 in I.A.Nos.2092-94/07. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slips enclosed) 10 11 ITEM NO.MM-M COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.2194-96 in WRIT PETITION (CIVIL) NO(s). 202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) AND I.A.Nos.1549-50, 1552-53 Date: 08/08/2008 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)/ Ms.Bina Madhavan, Adv.(Mentioned by) applicant(s) For M/s.Lawyers' Knit & Co.,Advs. 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) 12 ITEM NO.MM-N COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.2281-82 in WRIT PETITION (CIVIL) NO(s). 202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 08/08/2008 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)/ Ms.Rachana Srivastava, Adv.(Mentioned by) applicant(s) UPON hearing counsel the Court made the following ORDER List the applications after two weeks. (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Mentioned slips enclosed) 13 ITEM NO.1A COURT NO.1 PIL (for orders) I.A.No.2134/07 in in WRIT PETITION (CIVIL) NO(s). 202 OF 1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) AND IN THE MATTER OF : M/S.STERLITE INDUSTRIES (INDIA) LTD. (SILL) Date: 08/08/2008 The matter was called on for orders today. For Petitioner(s) Mr. P.K. Manohar,Adv. For Respondent(s)/ Applicant(s) Mr. G.E.Vahanvati, Sol.Genl.of India Mr. Harris Beeran, Adv. Mr. P. Parmeswaran, Adv. Mr.K.K.Venugopal, Sr.Adv. Ms.Anuradha Dutt, Adv. Ms.Vijaylakshmi Menon, Adv. Ms.Ekta Kapil, Adv. Mr.Ankur Talwar, Adv. Mr.Raj Kumar Mehta, Adv. Mr.Mragank, Adv. Ms.Nalini Pal, Adv. Mr.Premjit Elangbam, Adv. Mr.J.K.Das, Adv. Hon'ble Mr.Justice S.H.Kapadia pronounced the order of the Bench comprising Hon'ble the Chief Justice of India, Hon'ble Dr.Justice Arijit Pasayat and His Lordship himself. The application is disposed of, in terms of the signed reportable order. 14 (G.V.Ramana) (Madhu Saxena) Court Master Court Master (Signed reportable order is placed on the file)