ITEM NO.301 & 303 COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.2224 IN W.P.(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (For Direction) AND I.A.No.2228-2229 in W.P.(C)No.202/1995 (For impleadment and permission) AND I.A.No.2234 in W.P.(C)No.202/1995 (Recommendation of CEC in I.A.112,115,167,171,285,287,133,134,387 & 388) AND I.A.No.2236 in W.P.(C)No.202/1995 (For directions) AND I.A.Nos.208-209, 241-242, 245, 268-269, 1704-1706 & I.A.No.1710-1712, 2024-2026, 2027-2029, 2030-2032, 2033-2035, 2036-2038, 2039-2041, 2042-2044, 2045-2047, 2048-2050, 2051-2053, 2055-2056, 2219-2220 in I.A.No.208-209 with 1692 in 385, 1950-1951 & 1989-1990 in W.P.(C)No.202/1995 (For intervention, directions, stay and exemption from filing O.T., recommendation of C.E.C. & Impleadment, clarification/direction, modification/permission) WITH I.A.No.2164 and 2167, 2168,2169,2170 in I.A.Nos.1413, 1414, 1426, 1428, 1454, 1459, 1460,1662-1663, 1675, 1778, 2005-2006, 2121-2125, 2126, 2127-2128, 2129,2130-2132, 2133, 2216, 2217-2218, 2222, 2232-2233, in 1413 IN W.P.(C)No.202/1995 (Report of CEC 3st to 7th for constitution of FAC and orders/ directions/modification/clarification/impleadment/exemption from filing O.T., permission to file objections et CEC Report) AND I.A.NO.2143 in 1413 in W.P.(C)No.202/1995 (Report of CEC regarding the non utilisation of funds received towards the Net Present Value) AND I.A.NOS.1516,1541-1542, 1543-1544, 1545-1546, 1547-1548, 1549-1551, 1552-1553 & 1554-1556 in W.P.(C) No.202/1995 (For impleadment, direction & exemption from filing O.T.) AND I.A.Nos.2194-2196 in W.P.(C)No.202/1995 (For impleadment & direction and exemption from filing O.T.) -2- AND I.A.NO.2212 IN W.P.(C)NO.202/1995 (For impleadment/directions) WITH I.A.NOS.2237-2238 IN I.A.NO.2212 IN W.P.(C) NO.202/1995 (For intervention and directions) Date: 02/05/2008 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.)(N.P.) Mr. Siddhartha Chowdhury,Adv. (A.C.) (N.P.) Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv. For Respondent(s)/ Applicant(s) Mr. G.E.Vahanvati, S.G. UOI Mr. R. Mohan, ASG Mr. Mohan Parasaran, ASG Mr. P. Parmeswaran, Adv. Mr. A. Mariarputham, Adv. Ms. Aruna Mathur, Adv. Ms. Alka Sharma, Adv. Mr. Harris Beeran, Adv. Mr. Sunil Roy, Adv. Mr. Jitender K. Bhatia, Adv. Mr. Aruneshwar Gupta, AAG, Raj. Mr. Naveen Kumar Singh, Adv. Mr. Shashwat Gupta, Adv. IA 2228-29 Mr. Mukul Rohatgi, Sr. Adv. Mr. Aarohi Bhalla, Adv. Mr. Sunil Kumar Singh, Adv. Ms. Sujata Kurdukar, Adv. Ms. Asha G. Nair, Adv. Mr. K.K. Gupta, Adv. Mr. Ashok Kr. Sharma, Adv. Mr. V.D. Khanna, Adv. Mr. K.V. Vijaya Kumar, Adv. Mr. Himanshu Shekhar, Adv. -3- Mr. Sushil Kumar, Jain, Adv. Mr. Puneet Jain, Adv. Mr. Ashwin V.K., Adv. Mr. Rathin Das, Adv. Mr. Anil Srivastava, Adv. I.A.1710-12 Mr. Mukul Rohatgi, Sr. Adv. Mr. Ajay Sharma, Adv. Ms. Rachna Srivastava, Adv. Mr. Amit Kumar, Adv. Mr. Chirag M. Shroff, Adv. Mr. T. Harish Kumar, Adv. Ms. Sangeeta Kumar, Adv. I.A. 2194-2196 Mr. Mukul Rohtagi, Sr. Adv. Mr. S. Udaya Kumar Sagar, Adv. Mr. Hemal K. Sheth, Adv. For M/s. Lawyer's Knit & Co., Advs. I.A.1549-51-52 Mr. S. Udaya Kumar Sagar, Adv. Mr. Hemal K. Sheth, Adv. For M/s. Lawyer's Knit & Co., Advs. IA 1459,1662-63 Mr. Sunil Dogra, Adv. For M/s. Lawyer's Knit & Co., Advs. Mr. Rakesh K. Sharma, Adv. Mr. Sushil Balwada, Adv. Mr. Sanjay R. Hegde, Adv. Mr. Himinder Lal, Adv. Ms. A. Subhashini, Adv. Dr.(Mrs.) Vipin Gupta, Adv. Mr. Jitendra Mohan Sharma, Adv. IA 1516 etc. Mr. G. Ramakrishna Prasad, Adv. Mr. Suyodhan Byrapaneni, Adv. Mr. G. Arun, Adv. Mr. Manjit Singh, AAG, Haryana For Mr. T.V. George, Adv. Mr. M.L. Lahoty, Adv. -4- Mr. F.S. Nariman, Sr. Adv. Mr. Gopal Jain, Adv. Mr. R.N. Karanjawala, Adv. Mrs.Nandini Gore, Adv. Mr. Debmalya Banerjee, Adv. Ms. Sonia Nigam, Adv. Mrs.Manik Karanjawala, Adv. For Environment Mr. Bhavanishankar V. Gadnis, Adv. Deptt.& Goa SPCB For Ms. Sunita B. Rao, Adv. IA 2126-2129 IA 208,209 Mr. K. Radhakrishnan, Sr. Adv. Mr. Mohd. Rashid Saeed, Adv. Mr. Amit Rana, Adv. Mr. Irshad Ahmad, Adv. IA 1675 Mr. Rajeev Dhavan, Sr. Adv. Mr. Raj Kumar Mehta, Adv. Ms. Nalini Pal, Adv. Mr. Mragank, Adv. I.A.No.2219-20 Mr. Mukul Rohtagi, Sr. Adv. Mr. K.K. Tyagi, Adv. Mr. Iftikhar Ahmad, Adv. Mr. P. Narasimhan, Adv. State of U.P. Mohd. Fuzail Khan, Adv. Ms. Archana Singh, Adv. Mr. Anil K. Jha, Adv. I.A.2236 Mr. Sanjay Parikh, Adv. Mr. A.N. Singh, Adv. Mr. Jitin Sahni, Adv. Ms. Mamta Saxena, Adv. Ms. Anitha Shenoy, Adv. State of A.P. Mr. Manoj Saxena, Adv. IA 1516,1541-42 etc Mr. Rajneesh Kr. Singh, Adv. Mr. Rahul Shukla, Adv. Mr. T.V. George, Adv. IA 2217-18 Mr. Nikhil Goel, Adv. Mr. Sayid Marsook Bafaki, Adv. Ms. Sheela Goel, Adv. Mr. Vijay Panjwani, Adv. State of MP Mr.B.S.Banthia, Adv. Mr. Vikas Upadhyay, Adv. Mr. S. Wasim A. Qadri, Adv. Mr. D.S. Mahra, Adv. -5- IA 1413 Mr. Mukul Rohtagi, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. Gaurav Goel, Adv. Mr. E.C. Agrawala, Adv. Mr. Rishi Agrawala, Adv. IA 2-8-209,1704 to Mr. Rajeev Dutta, Sr. Adv. 2056 Mr. Vivek Gupta, Adv. Mr. Saket Agarwal, Adv. Mr. D.K. Garg, Adv. IA 2129 Ms. Deepti, Adv. Mr. Pratap Venugopal, Adv. Mr. Dileep P., Adv. For M/s. K.J. John & Co., Advs. UPON hearing counsel the Court made the following ORDER I.A.NO.2224 Four weeks time is granted to CEC to file report. I.A.NO.2228-2229 Adjourned. I.A.NO.2234 I.A.NOS.112,115,167,171,285,287,133,134,387 AND 388 are dismissed as having become infructuous. I.A.NO.2236 Application is rejected. I.A.NO.208-209 In the State of Uttarkhand there are 27 saw mills and 27 ply-wood units. CEC has suggested that these 27 ply-wood units have to pay penalty as given in para 5 of the supplementary report submitted. The owners of the these ply-wood units accepts the CEC Report and they are allowed to start units subject to fulfilling the conditions. These units are given six weeks time to pay penalty. These units can function only after depositing of these penalties. I.As. are allowed as regards these ply-wood units. -6- As regard 27 saw mills, four are relocated in Jaspur and two in Rishikesh. There are problem regarding re-location of these six mills. Except these six saw mills rest of 21 saw mills have agreed to pay penalty as indicated in para 9 of the supplementary report. These saw mills have agreed to pay the penalty as stated in the report. On payment of these penalties as stated in this report these units may be allowed to function. As regards saw mills at Jaspur and Rishikesh re-location, matter shall be listed later. I.As. are allowed as regards 21 units. I.As. as regards remaining six units may be posted later. I.A.NOS.241,242,245,268-269, 1704-1706, 1710-1712, 2024-2026, 208-209, 1710-1712, 241-242, 245, 268-269, 288-290 CEC has filed report. The saw mills in question had no valid licence as on 4.3.1997, so they are not allowed to function. The applicants are not present. All these I.As. are dismissed accordingly. I.A.NO.2024-2026, 2027-2029, 2030-2032, 2033-2035, 2036-2038, 2039- 2041, 2042-2044, 2045-2047, 2048-2050, 2051-2053, 2055-2056 For consideration of CEC Report. Adjourned. I.A.NO.1692 CEC has filed its report. Learned counsel for the State of Uttaranchal seeks and is granted six weeks time to file objections to the Report. I.A.2219-2220 Adjourned. I.A.No.2164 and 2167, 2168,2169,2170 in I.A.Nos.1413, 1414, 1426, 1428, 1454, 1459, 1460,1662-1663, 1675, 1778, 2005-2006, 2121-2125,2127-2128, 2129,2130-2132, 2133, 2216, 2217-2218, 2222, 2232-2233, in 1413 IN W.P.(C)No.202/1995 Learned Solicitor General made a statement that the existing FAC would be re-constituted and Prof. Madhav Gadgil, Dr. Ullas -7- Karanth and Mr. Mahesh Rangarajan would be included in the FAC in place of existing non- official members and further steps would be taken in that direction and it would be brought to the notice of CEC. Pending finalization of the new FAC, this Court had passed an order dated 27.4.2007 on the larger question indicated hereinbelow: (a) The F.A.C. as it stands today will give priority to Project which need immediate clearance. In this regard, it may be stated that fresh cases may be cleared Project-wise by the F.A.C. and thereafter such clearance shall be placed before this Court for approval. We make it clear that pending the decision of the larger question, all clearances by the F.A.C. of fresh cases shall be subject to approval by this Court. Before giving approval, we would like to have responses from CEC in respect of each clearance. In order to avoid delay, we direct the concerned Ministry to give a copy of the clearance to CEC so that CEC would give its response expeditiously. We will examine each clearance and decide whether to grant or not to grant the approval thereto. Once the approval is granted by this Court, the matter may be placed before the Central Government for disposal in accordance with law. The above clause (a) would be deleted for future projects after reconstitution. FOURTH REPORT (i) Six proposals for grant of TWP: (Section IV of The Report): There are six proposals for grant of Temporary Work Permits (TWP). This Court by order dated 25.4.2008 in I.A.No.2177-84 had directed MoEF to take a decision in respect of four TWP proposals subject to compliance of six conditions. The four proposals have been cleared. Subject to fulfillment of the conditions, the balance two TWP proposals may also be permitted to be decided by the MoEF in terms of the said order. I.As. are disposed of as regards six proposals for grant of TWP. -8- (ii) Ten proposals for grant of the prospecting licence: (Section III of the Report): This is an application submitted by TATA Steel Limited for prospecting Licence. Learned counsel appearing for TATA Steel Ltd. has submitted that there is no diversion of forest land for non-forest purpose as contemplated in the Forest Act. It is submitted that for Prospecting Licence Drilling of Bore-Holes and clarification in (iii) of 1.3 of Chapter 1 Application of Forest (Conservation) Act, 1980, have been misconstrued. In Clause (v) of Chapter 1 - Application of Forest (Conservation) Act, 1980, it is stated that prospecting of any mineral, done under prospecting license granted under MMDR Act which requires collection/removal of samples from the forest land, would be a stae between survey & investigation and grant of mining lease and as such permission under Forest (Conservation) Act 1980 would be required. However, Test drilling upto 10 bore holes of maximum 4" diameter per 100 sq. km. for prospecting, exploration or reconnaissance operations, without felling of trees, shall not attract the provisions of the Act. In all other cases involving more than 10 hectares of bore holes, prior permission of the Central Government under the Act would be required. Subject to the above, these applications are allowed. MoEF may pass appropriate orders as it is not diversion of forest land for non forest purpose, except for the limited purpose noted above. It is clarified accordingly. In view of nine other applications pending for prospecting licences, MoEF may consider these applications. The DGFA will re-consider these problems personally in the light of observations made by CEC and pass appropriate orders within a period of six weeks. I.As. are allowed as regards. -9- (iii) 4 Irrigation Projects of Maharashtra: (Section V and VII of the Report): Four irrigation projects were pending for clearance. As regards Human River Project- it is noticed that it involved felling of very large number of trees and have serious environmental repercussions therefore for the time being this project as proposed is not cleared. One of these projects, Rajiv Sagar (Bawanthadi) Project may be cleared and implemented. In regard to two projects i.e. Lower Penganga Major Irrigation Project and Jigaon Major Irrigation Project MoEF may consider and pass appropriate orders. State may go ahead of these three projects after getting approval from MoEF. I.A. in regard to three projects is allowed. (iv) The proposal for extension of mining lease in favour of MP SMCL, the State has already withdrawn the project. No orders are required. I.A. is disposed of accordingly. (v) Already cleared. (vi) 11 proposals (Section IX,X,XII to XIX AND XXII of the Report) The MoEF may take decision in the light of the observations made by the CEC in Section IX,X,XII to XIX AND XXII of the 4th Report. (vii) Section XI and XXI of the Report: Adjourned. Await report of Lok Ayukt, Karnataka. (viii) Prospecting licence to M/s. Jindal Power: List on 9.5.2008. (ix) Remaining six proposals (Section VI, XXII & XXIV of the Report: CEC has already filed Report. The MoEF is requested to give its response. Therefore, it is adjourned. -10- FIFTH REPORT i) Wind power project in favour of M/S. Suzlong Energy Ltd. The MoEF to take fresh decision in the Wind power project in the light of the observations made by the CEC. ii) Four proposals of mining projects: CEC has given its Report and the matter is now pending with the FAC. As soon as FAC give response, the MoEF will consider and take appropriate decision and give response. I.A.NO.2126 (RE:Timblo mine, Goa - 6th & 7th Report) CEC has already approved the proposal for mining activities. It is pointed out that there is a transfer of mining lease and MoEF may take appropriate decision having regard to the transfer effected by the lease-holder. We are told that the NPV has already paid. All other conditions imposed by this Court's Order dated 4.1.2008 should be complied with. The Ministry of Mines have to take appropriate decision relating to right to continue with the mining activities. I.A.is disposed of accordingly. I.A.NO.2143 Adjourned. I.A.NOS.1516,1541-1542, 1543-1544, 1545-1546, 1547-1548, 1549-1551, 1552-1553 & 1554-1556 in W.P.(C) No.202/1995 Adjourned. I.A.NO.2194-2196 Issue notice to State of Karnataka and also to CEC. Response may be filed within a period of eight weeks. I.A.NO.2212 List on 9.5.2008. -11- I.A.NO.2237-38 List on 9.5.2008. Rest of the I.As. are adjourned. (R.K. Dhawan) (Veera Verma) Court Master Court Master ITEM NO.MM-G COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A..Diary Nos.1211 & 1272/2008 IN W.P.(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 02/05/2008 These Applns./Petitions 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. Siddhartha Chowdhury,Adv. (A.C.) (N.P.) Mr. A.D.N. Rao, Adv. (A.C.) For Applicant(s) Mr. Rajiv Dutta, Sr. Adv. Mr. Anil Shrivastav, Adv. UPON hearing counsel the Court made the following ORDER List on 9.5.2008. (R.K. Dhawan) (Veera Verma) Court Master Court Master (Mentioning slip is enclosed) ITEM NO.MM-H COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A..Diary No.1108/2008 & I.A.No..../08 IN W.P.(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 02/05/2008 These Applns./Petitions 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. Siddhartha Chowdhury,Adv. (A.C.) (N.P.) Mr. A.D.N. Rao, Adv. (A.C.) For Applicant(s) Dr. Rajeev Dhavan, Sr. Adv. Ms. Aruna Gupta, Adv. UPON hearing counsel the Court made the following ORDER List on 9.5.2008. (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........ IN W.P.(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 02/05/2008 This Appln./Petition 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. Siddhartha Chowdhury,Adv. (A.C.) (N.P.) Mr. A.D.N. Rao, Adv. (A.C.) For Applicant(s) Mr. Vivek Gupta, Adv. For Respondent(s) Mr. Anil Jha, Adv. UPON hearing counsel the Court made the following ORDER List on 9.5.2008. (R.K. Dhawan) (Veera Verma) Court Master Court Master (Mentioning slip is enclosed) ITEM NO.MM-J COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A..... IN W.P.(C)No.202/1995 (Ram Kumar vs. State of U.P. & Anr.) I.A..... IN W.P.(C)No.202/1995 (Gokul Chand Phool Chand vs. State of U.P. & Anr.) I.A..... IN W.P.(C)No.202/1995 (Gyanendra Kumar vs. State of U.P. & Anr.) T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 02/05/2008 These Applns./Petitions 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. Siddhartha Chowdhury,Adv. (A.C.) (N.P.) Mr. A.D.N. Rao, Adv. (A.C.) For Applicant(s) Ms. Alka Agrawal, Adv. Mr. Ajay K. Agrawal, Adv. UPON hearing counsel the Court made the following ORDER List immediately after summer vacations. (R.K. Dhawan) (Veera Verma) Court Master Court Master (Mentioning slips are enclosed)