SUPREME COURT OF INDIA
T.N. Godavarman Thirumulpad (80)
Vs.
Union of India
(S. H. Kapadia, Y. K. Sabharwal and Arijit Pasayat JJ.)
01.04.2005
S. H. Kapadia, J.
IA No. 1175 in WP (C) No. 202 of 1995
1. The report submitted by the Member-Secretary, Central Empowered Committee
dated 16-7-2004 regarding use of forest land falling within the Sanjay Gandhi
National Park for IIIA Mumbai Water Supply Project without obtaining approval
of this Court is accepted. In respect of the recommendation as contained in
para 13(i) of the said report, we direct BMC to deposit a sum of Rs 1 crore,
within a period of 4 weeks. The said amount will be utilised in trft manner
recommended in para 13(ii) of the report. We hope that henceforth MoEF would not
grant any approval under the Forest Conservation Act and/or the Wild life
(Protection) Act, 1972 for use of the forest land falling within national
parks and sanctuaries without complying with the directions of this Court.
2. The IA is disposed of.
IANo. 1177 in IAs Nos. 742-43 in WP (C) No. 202 of 1995
3. Issue notice to the State of Rajasthan.
Contempt Petition (C) No. 479 of 2002 in WP (C) No. 202 of 1995
4. The copies of the entire records including the papers filed in this Court
shall be sent to CEC for examination and comment. The State Government shall
produce the original records before CEC, which shall make its report on
examination of the records within eight weeks.
Contempt Petition (C) No. 442 of 2004 with IA No.l in WP (C) No. 202 of 1995
5. This contempt petition along with Annexure P-2 containing a list of 14
factories has been filed. The allegations are that through it is claimed that
the ply industries have been closed, in fact they are running. Let CEC examine
and report.
IAs No. 1291-93 in / WP (C) No. 202 of 1995.
6. Learned counsel appearing on behalf of the State of Chhattisgarh prays for
two weeks' time to file response to the applications. Allowed as prayed for.
7. List after 2 weeks.
IAs Nos. 989, 1221 in IAs Nos. 857-58, IAs Nos. 997-98, IAs Nos. 1128 and 1187,
1282-84, 1295 and 1296 in WP (C) No. 202 of 1995
8. The details of the studies conducted by the Regional Remote Sensing Service
Centre, Department of Space, West Deepak Mines, Ratija village, Koraba District
CG, Nagpur have been brought to our notice. It that is correct, the report
submitted by CEC, prima facie, would represent the correct position. Let CEC
examine the entire matter in the light of the documents which have been brought
to our notice and place on record and file a fresh report which should also
indicate the other parties in the area. The Forest Survey of India, Regional
Remote Sensing Agency and the South Eastern Coal Field Ltd., shall render such
assistance as may be required for the preparation of the report by CEC. The
State of Chattisgarh shall also file its response.
9. List the matter on 15-4-2005.
IA No. 1287 in WP (C) No. 202 of 1995
10. Issue notice to the State of Andhra Pradesh, Kerala, Karnataka,
Maharashtra, Tamil Nadu and the Union of India.
11. Mr. A.D. N. Rao accepts notice on behalf of the Union of India. He will
file his response.
IAs No. 1276-77 in WP (C) No. 202 of 1995
12. Issue dasti notice.
Contempt Petition (C) No. 412 of 2004 in IA No. 833 in WP (C) No. 202 of 1995
13. List on next Friday (8-4-2005). SLP(C)No. 6266 of 2000
14. Delink and list before the regular Bench.
15. Rest of the matters are adjourned.
26. As far as Kerala is concerned [IA No. 1137 in WP (C) No. 202 of 1995] the
report by CEC shall be filed by the end of this month.