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Judgment
14 paragraphs · 385 wordsHeard counsel.
This contempt petition has been filed for non-compliance of the order dated 16/3/2009 passed by this Court in WP 4613/2008 (PIL).
This Court passed the following order while disposing of the aforesaid public interest litigation:
In view of the fact that the matter regarding deforestation of the land in question is pending before the Central Government, we direct the respondents State to remove the encroachment, if any, from the forest area.
So far as respondent No. 4 is concerned, we direct that they shall not construct any road or raise any construction till they get permission from the Central Government for deforestation of the land in question, if not already granted, and said land be de-notified as forest area.
Petition stands disposed of with the aforesaid.
Certified copy as per rules.
Respondent No. 3 filed reply in compliance with the notice received by him and pleaded as under:
That, some facts are required to be brought before the Hon''ble Court, though earlier the land in question S. No. 47 and 48 situated at village Dongarpur was recorded as "Nazul Janglat" upto 2000-2001, thereafter the then Collector deleted the word "Nazool" but it is a matter of fact right from 1940-41 the said land is in possession and control of the Revenue Department.
Since the land in question is recorded as forest, the provisions of Forest Conservation Act, 1980, are applicable to the land in question therefore, the Assotech CP Infrastructure Pvt. Ltd. Noida, applied for deforestation of the land comprising of Survey No. 47 min, 56 min area 0.960 Hec. To the Central Government, then the Central Government granted formal permission vide order dated 3/12/2008, thereafter State Government also passed consequent order dated 17/6/2009, copies of orders dated 3/12/2008 and 17/6/2009 are enclosed herewith and marked as Annexure C/3-A and C/3-2 (respectively).
Alongwith the reply filed by respondent No. 3 order dated 3/12/2008 passed by the Central Government and order dated 17/6/2006 passed by Secretary, Department of Forest, State of Madhya Pradesh have also been filed.
From the pleadings of respondent No. 3, it is clear that the Central Government has granted permission.
In this view of the matter, in our opinion, this contempt petition has become infructuous.
It is disposed of accordingly.