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Judgment
I.A. Nos. 83-84 in W.P(C) No. 337/ 1995:
Four weeks time is granted to MoEF to file its report. No further time shall be granted.
State of Uttarakhand is directed to file response within four weeks.
I.A. Nos. 2843-2844 in W.P. (C) No. 202/1995:
Four weeks time is granted to the applicant/intervenor (s) to file rejoinder affidavit.
I.A. Nos. 12-13, 14-15, 16-17 & 18-19 in SLP(C) No. 19628-19629/2009:
List on Friday i.e. 11.11.2011.
I.A. No. 333 in I.A. No. 316 in W.P. (C) No. 13029/1985:
List on Friday i.e. 11.11.2011.
SLP(C)...CC 16157/2011, 325. SLP(C)....CC 18235/2011:
List on Friday i.e. 11.11.2011 along with item No. 303 I.e. I.A. Nos. 12-13, 14-15, 16-17 & 18-19 in SLP(C) No. 19628-19629/ 2009.
I.A. Nos. 2870-2871 in W.P(C) No. 202/1995:
Central Empowered Committee is directed to file its report within four weeks.
I.A. Nos. 3268-3270 in W.P. (C) No. 202/1995:
The application for impleadment is allowed in view of the letter dated 10.5.2011 of the MoEF and the conditions laid down in the report dated 24.4.2011 of the Standing Committee. The conditions mentioned in the report are given below:
(i) Approval under the Forest (Conservation) Act, 1980 for the use of forest land shall be obtained,
(ii) The construction of the widening of NH-33 in sanctuary area will be undertaken only after the project is cleared by the Standing committee of the NBWL and the apex court and also after getting approval under Forest (Conservation) Act, 1980 and Environment (Protection) Act, 1986.
(iii) 5% of the estimated total project cost will be deposited in the compensatory a forestation fund for undertaking construction and protection works in the wildlife sanctuary.
(iv) The NHAI will carry out a study through a reputed agency on the likely potential man-animal conflict which may arise following the construction of road and to recommend suitable remedial measures. Mitigation measures thus suggested should be implemented by the State Forest Department at Project Cost.
(v) A monitoring Committee headed by the Conservator of Forests, Wildlife Circle Ranchi, would be set up to monitor the construction of structures in the sanctuary area.
(vi) The area diverted in the sanctuary will not be used for constructing toll naka, building etc. any non forestry activities other than proposed widening work of the road.
(vii) The tree felling will be done under the strict supervision and guidance of the Forest Department. The tree felling will be kept at the barest minimum possible.
(viii) No night camping will be allowed in the sanctuary area.
(ix) The project proponent would construct at least three flyovers of 6 meters height and 700 meters length preferably at an interval on 1.5 kms. So as to provide connectivity for movement of wildlife. On the completion of these flyovers, vehicular traffic on the existing strips of the road will be completely stopped.
(x) The project proponents would carry out avenue plantation along both sides and in the middle of the national highway. They should also bear the cost of block plantation of five times of tree which are going to be felled during the construction of the road.
(xi) Speed breakers at regular interval of 1.5 km. - 2 km. shall be provided.
(xii) Signboards having information regarding Regulation of the speed and prohibition of blowing of horn must be displayed.
(xiii) The length of the road passing through wildlife sanctuary is approx 8 km. The NHAI should provide for 8 water harvesting structures in the sanctuary of each side of the road. The site and estimate of the water harvesting structures will be provided by the Divisional Forest Officer, Wildlife Division, Hazaribagh. The work will also be executed by the Divisional Forest Officer, Wildlife Division Hazaribagh.
(xiv) As the Management of the sanctuary requires constant visit of officers and frontline staff, hence the NHAI will not charge any toll-tax from the departmental vehicles.
(xv) As per the decision taken by the State Wildlife Board in its meeting held on 07.10.0.2000 area of Hazaribagh Wildlife Sanctuary must be extended by adding to times of the proposed diversion (I.e. 21.112 ha.) preferably including the area of Katkamsandi block adjacent to sanctuary boundary."
I.A. Nos. 3271-3272 in W.P. (C) No. 202/1995:
List these IAs before a Bench headed by Hon''ble Mr. Justice D.K. Jain.
I.A. Nos. 3273-3274 in W.P. (C) No. 202/1995:
MoEF is directed to file its report within four weeks.
Petitioner is required to give copy of the application to the counsel appearing for MoEF.
MOUNT ABU: PART HEARD: I.A. No. 972 in I.A. 757, 1042-1045 2949 in 757 and I.A. No....in I.A. No. 757 and I.A. No..../2011 in I.A. No. 1042-1045 in W.P. (C) No. 202/1995:
Mr. Sushil Kumar Jain, Learned Counsel resumed his arguments at 2.20 p.m. and was on his legs when the Court rose for the day leaving the matter part-heard.
I.A. No. 100 in W.P(C) No. 337/ 1995, 308. I.A. Nos. 1308, 1323, 1455, 1468, 1478 in W.P(C) No. 202/1995, 309. ASKOT MUSK DEER SANCTUARY; I.A. No. 1791-1792 in W.P. (C) No. 202/ 1995, 310. I.A. No. 2716 in W.P(C) No. 202/1995, 311. I.A. No. 2469 with I.A. Nos. 2782, 2939-2940 and I.A. Nos. 3023-3024 in I.A. 2782, 3030 and 3032 in W.P. (C) No. 202/1995 with W.P. (C) No. 130/2011, 312. SLP (C) No. 24627-24628/ 2011 (CC. No. 3372), 313. SLP(C) No. 3941/2010, 314. SLP (C) No. 28519/2008, 315. I.A. Nos. 2642 in W.P. (C) No. 202/ 1995, 316. I.A. No. 2717 in I.A. Nos. 1135-1136 in W.P. (C) No. 202/1995, 317. I.A. No. 2785 & 3025 in W.P. (C) No. 202/ 1995, 318. PANCHMARHI MATTERS (TIGER RESERVE ETC.): I.A. Nos. 2202-2203, I.A. Nos. 2601 & 2915-2917 in I.A. Nos. 2202-2203, 2602, 2929-2931 With 1606, 2002-2004, 2011, 2062-2063 in 1220 in 548 in W.P. (C) No. 202/1995 with I.A. No. 1697 in 548 and 2595-2596 in W.P. (C) No. 202/1995, 319. I.A. Nos. 2155-2156 & 2680 in I.A. No. 2156, 3275 in W.P. (C) No. 202/1995:
Not taken up.