1 ITEM NOS.301 & 302 COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.Nos.1287, 1570-1571,1624-1625, 1978 IN W.P.(C) NO.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (Report of CEC regarding Sandal Wood Oil Industries, permission to file appln. for impleadment, exemption from filing OT and direction) AND I.A.NO.1698 in W.P.(C)No.202/1995 (For directions) AND I.A.NO.2194-2196 IN W.P.(C) NO.202/1995 (For impladment and direction and exemption from filing O.T.) AND I.A.NO.2278-2279 IN W.P.(C) NO.202/1995 (For impleadment/direction) AND I.A.NO.2343 in W.P.(C)No.202/1995 (For Permission) AND I.A.NO.2365 in 1406 in W.P.(C)No.202/1995 (For directions) AND I.A.NO.2371-2372 in W.P.(C)No.202/1995 (For impleadment and directions) AND I.A.NO.2373-2374 in W.P.(C)No.202/1995 (For intervention and exemption from filing O.T.) AND I.A.NO.2375 IN 407 in W.P.(C)No.202/1995 (For recommendation of CEC IN I.A.407) AND W.P.(C) NO.897/1996 (With appln. for interim relief) WITH 2 I.A.NO.1424-1425 & 2118 in W.P.(C)No.202/1995 (For directions) AND I.A.NO.2382 in appln. no.1111 in W.P.(C)No.202/1995 (For recommendation of CEC) AND I.A.NO.170-175 in W.P.(C)No.460/2004 (For impleadment and directions) Date: 17/10/2008 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.) (N.P.) Mr. Uday U. Lalit, Sr.Adv. (A.C.) Mr. Siddhartha Chowdhury,Adv. Mr. A.D.N. Rao, Adv. (A.C.) For Petitioner(s) Mr. P.K. Manohar, Adv. Mr. M.C. Mehta, (In-person) W.P.(C)NO.460/04 Mr. Raj Panjwani, Adv. Ms. Purnima Bhat Kak, Adv. W.P.(C)No.897/96 Mr. Ranjit Kumar, Sr. Adv. For Respondent(s)/ Applicant(s) Mr. Harris Beeran, Adv. Mr. P. Parmeswaran, Adv. IA 1287 Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Sumit Goel, Adv. Ms. Rukhmini Bobde, Adv. Mr. Garvesh Kabra, Adv. 3 For M/s. Parekh & Co., Advs. IA 1424-25 Mr. Anil B. Divan, Sr. Adv. Mr. Dhruv Mehta, Adv. Mr. Yashraj Singh Deora, Adv. Mr. Satyawan Agrawal, Adv. Mr. T.S. Sabasish, Adv. For M/s. K.L. Mehta & Co., Advs. Mr. S.Udaya Kumar Sagar, Adv. Ms. Bina Madhavan, Adv. For M/s. Lawyer's Knit & Co., Adv. Mr. K.R. Sasiprabhu, Adv. Mr. M.P. Maharia, Adv. Mr. Sanjay R. Hegde, Adv. Ms. Sangeeta Kumar, Adv. Mr. Ashwani Garg, Adv. IA 1978 Mr. Jai Deep Gupta, Sr. Adv. Mr. Bipin Kalappa, Adv. Mr. N. Ganapathy, Adv. Mr. A. Mariarputham, Adv. Ms. Aruna Mathur, Adv. For M/s. Arputham Aruna & Co., Advs. Mr. Aruneshwar Gupta, Adv. IA 2278-79 Mr. V. Lakshmi Narayana, Adv. Mr. Sharan Dev Singh Thakur, Adv. Mr. K.V. Girish, Adv. Dr. Sushil Balwada, Adv. Ms. Shiraz C. Potdadia, Adv. I.A.2365 Mr. Jai Deep Gupta, Sr. Adv. Mr. Sapam Biswajit Meitei, Adv. Mr. Naresh Gaur, Adv. Mr. Ashok Kumar Singh, Adv. 4 Mr. K.H. Nobin Singh, Adv. Mr. T.N. Rao, Adv. Mr. A.T. Patra, Adv. Ms. Roopa Dayal, Adv. For M/s. O.P. Khaitan & Co., Advs. IA 2373-74 Mr. S.P. Singhvi, Sr. Ad. Ms. Abha R. Sharma, Adv. Mr. D.S. Parmar, Adv. Mr. Susheel Tomar, Adv. Mr. Riku Sarma, Adv. Mr. Ranjan Mazumdar, Adv. For M/s. Corporate Law Group, Adv. State of Goa Ms. A. Subhashini, Adv. Mr. R.N. Keshwani, Adv. Mr. H.K. Puri, Adv. Mr. Anil Shrivastava, Adv. Mr. Ritu Raj, Adv. Mr. M.A. Kirishna Moorthy, Adv. For Environment Mr. Bhavanishankar V. Gadnis, Adv. Deptt.,Goa & Goa Mrs. B. Sunita Rao, Adv. PCB,Ranchi Asson. I.A.2884 (MM) Mr. Raju Ramachandran, Sr. Adv. Mr. Harshan Singh, Adv.,Mr. Dhiraj, Adv. Mr. P.N. Puri, Adv. I.A.170-175 Mr. K.K. Venugopal, Sr. Adv. Mr. P. Venugopal, Adv. Ms. Surekha Raman, Adv. Mr. Dileep P., Adv. For M/s. K.J. John & Co., Advs. I.A.NO.1424-25 Mr. K.K. Venugopal, Sr. Adv. 5 Mr. Ravi Shankar Prasad, Sr. Adv. Ms. Suparna Srivastava, Adv. Mr. Ankur Talwar, Adv. Mr. Ram Swarup Sharma, Adv. I.A.NO.1287 Mr. Manjit Singh, Adv. For Mr. T.V. George, Adv. I.A.NO.1424-25 Mr. Gaurav Goel, Adv. Mr. Mahesh Agrawal, Adv. Mr. Rishi Agrawal, Adv. For Me. E.C. Aggrawala,Adv. I.A.NO.2374-74 Mr. Mohd. Fuzail Khan, Adv. Mr. Anil Kumar Jha, Adv. I.A.2071 Mr. Manish Kumar, Adv. For Mr. Gopal Singh, Adv. WP(C) 460/04 Mr. K.N. Madusoodhanan, Adv. Mr. R. Satish, Adv. UPON hearing counsel the Court made the following ORDER The matters listed before the Forest Bench on 7-11-2008 are directed to be listed on 10.11.2008 (Monday). I.A.NO.1287,1570-1571,1624-1625 & 1978 List on 10.11.2008 along with I.A.No.D2884/08-application for impleadment. I.A.NO.1698 The Public Health & Engineering Department of State of Rajasthan seeks to implement a project for supply of drinking water to Karauli and Sawai Madhopur districts by drawing water from river Chambal. It proposes to lay down a pipeline of about 160 kms. The project is estimated at about Rs.478.91 crores 6 and is likely to benefit the citizens of 926 villages in the districts of Karauli and Sawai Madhopur. The project was examined by CEC. It was found that minimum flow of water observed during the last 20 years was 4.78 cusecs. It was pointed out that flow of water will be available at the down stream of the tapping point after meeting the water requirement of the proposed project. Subject to fulfilling of the following conditions the project is cleared: (i) For use of forest land approval under the F.C. Act will be obtained. (ii) 5% of the estimated project cost of Rs.478.91 crores i.e. Rs.23.95 crore will be deposited by the project authorities for conservation and protection of National Parks and Sanctuaries in the State. For utilization of the funds, a Society under the Chairmanship of the Chief Secretary, Rajasthan with the Principal Secretary (Forests), the Principal Chief Conservator of Forests, the Chief Wildlife Warden as its Members and one officer now below the rank of Chief Conservator of Forests as its Member Secretary may be got registered. This amount along with the amount payable towards the NPV should be deposited in a separate interest bearing bank account of a nationalized bank maintained by the Society and income received by way of interest should be used in perpetuity for the conservation and protection of National Parks and Sanctuaries in the State. The procedure and guidelines for the utilization of the funds may be decided by the State Government of Rajasthan; and (iii)a Monitoring Committee consisting of the representative of Chief Wildlife Warden, Rajasthan and Secretary, Public Health Engineering Department will be set up to monitor and ensure that the prescribed minimum flow of water down stream of the tapping point of Chambal River will be maintained. The above conditions are accepted by the learned counsel appearing for the State of Rajasthan. 7 Subject to fulfillment of these conditions, the Standing Committee of the Wildlife shall pass necessary order. I.A. is allowed accordingly. I.A.NO.2194-2196 List on 21.11.2008. I.A.NO.2278-2279 List on 10.11.2008 along with I.A.No.2275. I.A.NO.2343 The Andaman and Nicobar Administration has sought permission for use of 2700 ha. of alternative land for allotment to the agricultural farmers as a consequence of Tsunami which was hit in the Island. CEC has examined it and suggested that there should be a Committee to implement the directions which were already issued by this Court. Learned counsel appearing for the Administration submitted that the Committee would be constituted soon and further action will be taken and the report will be submitted to this Court within a period of two months. The matter be posted on 9.1.2009. Report may be filed to the CEC about the matter before 9.1.2009. I.A.NO.2365 Issue notice to the respondent and MoEF returnable on 28.11.2008. Reply, if any, be filed in the meantime. I.A.NO.2371-72 I.A. is allowed. CEC will give required information. 8 I.A.2373-74 Issue notice to the respondent and to CEC returnable on 28.11.2008. Reply, if any, be filed in the meantime. I.A.2375 It is submitted by the learned counsel that the I.A. has become infructuous. The I.A. is dismissed as having become infructuous. I.A.NO.1424-25 The CEC has filed its report on 25.9.2008 regarding illegal mining in the forest area in the State of Chhatisgarh. One Mr. Anil Lunia alleged to have obtained licence for mining iron ore. The area is admeasuring about 18.27 hectares of land in village Bhaisakanhar. The State has also recently issued an order directing him to pay penalty of Re.6,66,75,633.75 for conducting mining activities in the forest withut environmental clearance. Learned counsel appearing for Anil Lunia seeks four weeks time to reply to the report filed by CEC and the applicant in I.A.1424-25, who is a Member of Legislature Assembly also seeks to file rejoinder. Two weeks time is granted for the same. List on 28.11.2008 for directions. I.A.NO.2382 IN APPLN. NO.1111 The Central Public Works Department (CPWD) is seeking permission for recommendation for renovation, upgradation and new construction of Dr. Karni Singh Shooting Range, Tughlakabad, Delhi. This area is within the Delhi Ridge 9 area and for renovation and upgradation about 400 trees are to be cut. CEC has examined the project and has laid down the following conditions: (i) for use of the forest land approval under the F.C.Act will be obtained. (ii) 5% of the estimated project cost of Rs.65 crores i.e. Rs.3.25 crores will be deposited by the applicant for conservation and protection of the Delhi Ridge. The amount should be kept in an interest bearing bank account maintained b y the Delhi Forest Department and should be used under the supervision, monitoring and permission of the Ridge Management Board; (iii)500 indigenous trees will be planted within the shooting range complex; and (iv) the conditions imposed by the Ridge Management Board will be strictly complied with. The above conditions are acceptable to the CPWD. Subject to fulfilling of the above conditions the project is cleared. I.A. is allowed accordingly. As per the previous order passed by this Court as part of the work relating to the Common Wealth Games, a sum of Rs.42.22 crores were directed to be deposited and this amount has already been deposited and lying in the 'Civil Deposit' in the name of Chief Scretary, Delhi Government and it is not an interest bearing deposit. We hereby direct that the Chief Secretary may deposit the entire amount i.e. Rs.45.47 crores (including Rs.3.25 crores noted above) in a fixed deposit for a period of three years in a nationalized bank. W.P.(C) NO.897/1996 10 CEC to file its report within a period of four weeks. I.A.NO.170-175 IN W.P.(C) NO.460/04 The applicants seek mining permission in the State of Goa. Some of the mining areas are near to the wildlife sanctuary in the State of Goa. The State of Goa may file its response to the applications. Learned counsel for the applicants will give a copy of the applications to the learned counsel for the State of Goa. The State Government may send details to the Standing Committee, National Board for Wildlife as called for. List on 28.11.2008. The State and the National Board may file their responses in the meantime. (R.K. Dhawan) (Madhu Saxena) Court Master Court Master 11 ITEM NO.MM-H COURT NO.1 SECTION PIL SUPREME COURT OF INDIA RECORD OF PROCEEDINGS I.A.No.2208/08 IN W.P.(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 17/10/2008 These Appln./Petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA For Applicant(s)/ Mr. A.N. Pattiyani, Adv. Petitioner(s) For Mr. S.P. Sharma, Adv. 12 UPON hearing counsel the Court made the following ORDER List on 21.11.2008. (R.K. Dhawan) (Madhu Saxena) 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.No.1868 & 2091 IN W.P.(C)No.202/1995 T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) Date: 17/10/2008 These Appln./Petition was mentioned today. 13 CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE S.H. KAPADIA For Applicant(s)/ Mr. P.S. Narasimha, Adv. Petitioner(s) Mr. Somiran Sharma, Adv. UPON hearing counsel the Court made the following ORDER List on 14.11.2008. (R.K. Dhawan) (Madhu Saxena) Court Master Court Master (Mentioning slip is enclosed)