Supreme Court hearing Nov 2005
The Centre for Environment Law v/s Union of India case was heard on 24th November 2005 in the Supreme Court. I.A. No. 2 in this case refers to the Settlement of Rights in National Parks and Sanctuaries and I.A.No.53 is with specific reference to diversion of forest land in Rajaji National Park, both of which were heard in the Supreme Court on the 24th. Below are the orders on these I.As.
On 22nd August, 1997, this Court after noticing that even though notifications in respect of sanctuaries/ national parks have been issued under section 18/35 in all States/Union Territories, further proceedings as required under the Act i.e. issue of proclamation under section 21 and other steps as contemplated by the Act have not been taken, and thus all the State Governments/Union Territories were directed to issue the proclamation under Section 21 in respect of the sanctuaries/national parks within two months. It was further directed that the process of determination of rights and acquisition of land or rights as contemplated by the Act shall be completed within a period of one year.
Mr. Panjwani states that though proclamations under section 21 were issued, but it appears that the process of termination of rights and acquisition of land or rights as contemplated by the Act still remains to be completed by many State Governments/Union Territories despite lapse of nearly seven years, having regard to the time granted in the order dated 22nd August, 1997. Learned counsel has taken us through various provisions of the Wild Life (Protection) Act in relation to obligation of completing the process of determination, as directed by this Court.
Under these circumstances, we direct the State Governments/Union Territories to file affidavits, placing on record, the status as existing on 1st November 2005 in relation to compliance of the aforesaid direction.
This order be communicated to the State Governments/Union Territories, through Chief Secretaries, and status report be filed within four weeks of the receipt of a copy of this order.
List these matters after six weeks.
The minutes of meeting of the Standing Committee of National Board for Wild Life dated 6th April, 2005 recommends the rejection of the proposal for diversion of 0.1532 hectares of forest land from Rajaji National Park to lay a pipeline for drinking water along the briddle path route of Neelkanth Mahadev Temple by Uttaranchal Pey Jal Sansadhan Vikas Evam Nirman Nigam Ltd. The copy of the said minutes may be obtained by learned counsel appearing for the State of Uttaranchal from either Mr. A.D.N.Rao or Mr. Raj Panjwani. The State is granted four weeks' time to file an affidavit on the issue.
Adjourned
- I.A. No. 2: Settlement of Rights in National Parks and Sanctuaries
On 22nd August, 1997, this Court after noticing that even though notifications in respect of sanctuaries/ national parks have been issued under section 18/35 in all States/Union Territories, further proceedings as required under the Act i.e. issue of proclamation under section 21 and other steps as contemplated by the Act have not been taken, and thus all the State Governments/Union Territories were directed to issue the proclamation under Section 21 in respect of the sanctuaries/national parks within two months. It was further directed that the process of determination of rights and acquisition of land or rights as contemplated by the Act shall be completed within a period of one year.
Mr. Panjwani states that though proclamations under section 21 were issued, but it appears that the process of termination of rights and acquisition of land or rights as contemplated by the Act still remains to be completed by many State Governments/Union Territories despite lapse of nearly seven years, having regard to the time granted in the order dated 22nd August, 1997. Learned counsel has taken us through various provisions of the Wild Life (Protection) Act in relation to obligation of completing the process of determination, as directed by this Court.
Under these circumstances, we direct the State Governments/Union Territories to file affidavits, placing on record, the status as existing on 1st November 2005 in relation to compliance of the aforesaid direction.
This order be communicated to the State Governments/Union Territories, through Chief Secretaries, and status report be filed within four weeks of the receipt of a copy of this order.
List these matters after six weeks.
- I.A. No. 53: Diversion of Forest Land in Rajaji National Park
The minutes of meeting of the Standing Committee of National Board for Wild Life dated 6th April, 2005 recommends the rejection of the proposal for diversion of 0.1532 hectares of forest land from Rajaji National Park to lay a pipeline for drinking water along the briddle path route of Neelkanth Mahadev Temple by Uttaranchal Pey Jal Sansadhan Vikas Evam Nirman Nigam Ltd. The copy of the said minutes may be obtained by learned counsel appearing for the State of Uttaranchal from either Mr. A.D.N.Rao or Mr. Raj Panjwani. The State is granted four weeks' time to file an affidavit on the issue.
Adjourned