AI Structured Summary
Not yet generated for this judgment
Judgment
IN 301. I.A. Nos. 2902-2903 and 3208, 2904-2905 and 3331, 2906-2907 and 3332, 2908-2909 and 3333, 2910-2911 AND 3334, 2935-2936 and 3335 IN WRIT PETITION (CIVIL) NO(s). 202 of 1995:
In spite of repeated directions, no counter affidavit has been filed by the State of Orissa. Learned Counsel for the State of Orissa stated that he has already addressed the State about the pendency of this case.
In these circumstances, we direct the Principal Chief Conservator of Forests, Orissa, to file a counter affidavit positively within three weeks, failing which the officer will remain present in Court on the next date of hearing.
List on 19/3/2012.
Communicate this order to the CCF, Orissa.
IN 302. I.A. Nos. 3277-3280 AND 3373 IN W.P.(C) NO. 202/1995
Applications are dismissed for non-prosecution, however with liberty to work out the remedy else where.
IN 303. I.A. Nos. 3302-3304 IN W.P.(C) No. 202/1995
Two weeks' time is granted to the applicants to show that the license fee had been deposited prior to 31/3/1991.
List after two weeks.
IN 304. IA Nos. 3290-3291 IN WP(C) No. 202/1995
Applications are allowed in view of the letter dated 9.2.2012 issued by the MoEF to the Chief Secretary (Forest), U.P. Lucknow. However, the applicant has to comply with the conditions stipulated in that letter which are as follows:
I. Essential amount of money (for adjusting present pay scale as amended) will be deposited by implementation Agency in favor of the forest development on double forest land or on 74.50 hectares for compensatory plantation and for maintenance till 5 years.
II. Essential amount of money will be deposited by implementation Agency for plantation in 2-3 lines in both sides for maintenance for 5 years by adding present pay scale. The project for plantation would be submitted in Regional Officer by making approval from State Government.
III. Prescribed amount of net present value will be deposited by implementing Authority according to order under I.A. No. 566 in Writ Petition No. 202 of 1995 of Hon'ble Supreme Court of India and under letter No. 5-3/2007 F.C. dated 5.2.2008 of Government of India.
IV. According to aforesaid Instrumentation Net present value and other all funds compensatory plantation, fund management would be deposited in account number CA 1574 of planning authority in Corporation Bank (Enterprises of Government of India) Block-II, Phase-1, New Delhi-110003.
V. Project of disposal of wastage with detail counting of wastage and detail of managing it will be submitted to this office by implementing authority be getting approval by Divisional Forest Officer and implementary agency will make available essential amount of this.
VI. Submit detail of amount of money determined for disposal of wastage in construction of proposed road.
VIA. The amount of double of cut 2830 trees on the proposed road or on other road or plantation of 5660 trees and maintenance for 5 years will be deposited.
VII. Separate details of deposited amount or N.P.N. compensatory plantation, punishable compensation plantation catchments area treatment plan (kent plan) plantation near road/proposed place wastage disposal, fixation of Boundary by pillars, item wise detail, photocopy of bank draft/cheque in it clearly mention of name of issuing Bank, Branch and date and name of depositing bank date will be submitted. Accordingly consideration will be done on legal approval.
VIII. According to directions given in letter no. 11-9.98-FC dated 8.7.2011 of Environment and Forest Department submit land reference digital data/map certified by competent authority of State Government in which (shp) special data of forest boundary would be mentioned.
Needless to say that the applicant has to get the necessary clearance u/s 2 of the Forest (Conservation) Act, 1980.
All the applications are accordingly disposed of.
IN 305. IA Nos. 3371-3372 IN W.P.(C) No. 202/1995
Applications are allowed in view of the permission granted by the NBWL on 24.1.2011 as referred in the MoEF letter dated 9.2.2011. The applicants have to get the clearance u/s 2 of the Forest (Conservation) Act, 1980.
The applications are accordingly disposed of.
IN 306. SLP (C) No. 1215/2003
No grounds are made out for interference with the judgment of the High Court.
The SLP is dismissed.
IN 307. SLP(C) 22856/2011
Ms. Meena C.R., learned Counsel appearing for Respondent Nos. 6 to 29, accepts notice. Notice to other Respondents.
Notice may be served to the Standing Counsel for the State by dasti.
CEC will examine the averments and file its report within six weeks.
List after six weeks.
IN 308. SLP(C)..CC.2864/2012
Delay condoned.
Tag with SLP(C) No. 20154/2011 which is listed on 12/3/2012.
IN 309. IA No. 100 IN W.P.(C) No. 337/1995
Mr. Shyam Diwan, learned senior Counsel resumed his arguments at 2.45 p.m. and was on his legs when the Court rose for the day.
The matter remained part-heard.
IN 310. I.A. No. 2469 WITH I.A. Nos. 2782, 2939-2940 and I.A. Nos. 3023-3024 IN IA 2782, 3030 and 3032 IN W.P.(C) No. 202/1995 WITH W.P.(C) No. 130/2011
AND
IN 311. I.A. Nos. 1308, 1323, 1455, 1468, 1478 IN W.P.(C) No. 202/1995
AND
IN 312. SLP(C) 30622/2011
Not taken up.
IN IA Nos. 2785 & 3025 IN WP(C) No. 202/1995
IN IA No. 3300 of 2011 IN WP(C) No. 202/1995
IN IA Nos. 3317-3318 of 2011 IN WP(C) No. 202/1995
Upon being mentioned, I. As. are taken on Board.
List on 27/2/2012.