1. Letter of Professor Kanchan Chopra in IA 826 in IA 566 in WP 202/1995 Mr. A.D.N. Rao, learned Amicus Curiae has brought to our notice the letter dated December 28, 2005 addressed by Prof. Kanchan Chopra to A.R., PIL Cell of this Court.
2. As requested in the letter, the date for submission of the report of the Committee is extended upto 31st March, 2006.
IA Nos. 1413 & 1414:
3. Regarding grant of Temporary Working Permit (TWP), we have perused the report of CEC including its recommendations and procedure for grant of TWP. In the light of discussion today, we have requested amicus curiae to redraft the recommendations and the procedure.
4. List these matters on 3rd February, 2006. Further, we direct that such of the mines which were operating under Temporary Working Permit as on 16th December, 2005 will continue to operate until further orders.
SLP(C) 25068/2005:
5. The special leave petition is directed against an interim order dated 18th November, 2005 passed in WP 159/2005 by the High Court of Bombay at Nagpur restraining the petitioner from carrying on any mining activity in the area in question. This interim order of the High Court has already been stayed. Further, for the present, until further orders we also stay further proceedings in WP 159/2005.
6. We have considered the report of the CEC dated 2nd January, 2006. The recommendations made therein are to the following effect:
(i) the MoEF may expeditiously take a decision under the FC Act in respect of the Durgapur Rayatwari under-ground mine after consi-dering the Compliance Report sent by the Mahara-shtra Forest Department and till then the mining may be allowed to be continued in the already broken up area; and
(ii) a decision regarding sanction sought by the Forest Department to prosecute officials of M/s. WCL for violation of the FC Act may be taken expeditiously by the MoEF as per the Hon’ble High Court of Bombay, Nagpur Bench order dated 1.4.2005. The aforesaid recommendations are acceptable to the petitioner. The MoEF prays for two months’ time to take a decision in terms of the aforesaid recommendations.
7. List after two months.
IA 1441:
8. The State Government, as prayed, is granted two weeks’ time to file response to the report of the CEC dated 23rd December, 2005.
9. List on 3rd February, 2006.
IA 1455:
10. Mr. ADN Rao, learned Amicus Curiae, states that the Central Government has decided to hand over the investigation regarding poaching of tigers in Ranthambore to CBI. Regarding Panna National Park, learned Counsel submits that the matter is still under consideration and that is likely to be decided soon. We direct the matter shall be decided expeditiously but not later than 13th January and if the Ministry decides to hand over the probe to SIT, CBI, we hope that it would immediately move into action.
11. List on 27th January, 2006.
IA 1456:
12. The application is disposed of in terms of order dated 28th January, 2005 in IA 1230 read with order dated 12th May, 2005 in IA 1317 subject to further condition that it will also give an undertaking to pay the difference, if any, in NPV which may be payable after the same is determined.
IAs 1463 & 1156:
13. These two applications be listed before a bench of Hon’ble Mr. Justice Arijit Pasayat and Hon’ble Mr. Justice S.H. Kapadia on 16th January, 2006.
IA 827:
14. As an interim measure, CEC is permitted to release a sum of Rs. 5 crores to the State Government. The amount shall be spent under the direct supervision of the Committee constituted earlier.
15. List the application on 27th January, 2006.