1. I.A. No. 1035 in IA 776. Despite the order of this Court the State of Madhya Pradesh has not filed its response. We are in agreement with the recommendations of the CEC. IA No. 776 in IA No. 424 is accordingly dismissed. It appears that several States are not following the recommendations of the CEC and the Order dated 22.9.2000. We, therefore direct that since the matter has already been decided all the States including the State of Chhatisgarh shall abide by the order dated 22.9.2000. I.A. No. 1035 is disposed of.

2. I.A. No. 1000 with IAs 982-984, IA 1123-1124 & IAs 1026-1028. Let response be filed by the Union of India within a week. List this matter on 3rd May 2004 before a Bench consisting of Hon'ble Mr. Justice Y.K. Sabharwal, Hon'ble Mr. Justice Arijit Pasayat and Hon'ble Mr. Justice S.H. Kapadia.

3. I.A. No. 1048 in IA 60 Mr. ADN Rao, the Learned Counsel appearing for the Ministry of Environment and Forests prays for and is granted two weeks time to file response.

4. I.A No. 990 in IA Nos. 860 & 863. We have gone through the CEC report dated 28.8.2003 and find that many of the earlier directions have not been complied with by the State of Karnataka inasmuch as many encroachments have not been removed. We, therefore, direct the Chief Secretary, Government of Karnataka to file status report along with an affidavit within a period of eight weeks giving details of encroachments in Sargod and Maskali reserved forest within Chikmanglur District along with action plan for removal of such encroachments in time bound manner. I.A. No. 826 in IA 566 with IA 985, 1016-1018 & 1046. Mr. ADN Rao the Learned Counsel appearing for the Union of India states that within a period of one week a Notification constituting an authority known as Compensatory Afforestation Fund Management & Planning Agency for the management of money towards compensatory afforestation will be issued in pursuance of the order dated 30.10.2002 passed in IA 566 in W.P.(c) No. 202/95. So far as the composition of the authority is concerned, that will be worked out with the consultation of the learned Amicus-curiae. This exercise may be done within a period of four weeks.

5. List this matter after summer vacation before a Bench comprising Hon'ble Mr. Justice Y.K Sabharwal, Hon'ble Mr. Justice Arijit Pasayat and Hon'ble Mr. Justice S.H. Kapadia.

6. IA 827. List after summer vacation.

7. IA 896-898. List after summer vacation. In the meantime the CEC may also submit its report. Item No. 8 & 8(i) IAs 966 & 1012 Parties are agreed that the project proposed by the National Hydroelectric Power Corporation Ltd. may be permitted by the MoEF subject to fulfilling the following conditions:

(i) The legal status of the sanctuary land i.e. 42 ha will remain unchanged and will continue to be a part of the Sanctuary.

(ii) The Reserve Forest area that forms part of the catchment of the Lower Subansri including the reservoir should be declared as a National Park/Sanctuary. NHPC will provide funds for the survey and demarcation of the same.

(iii) The extent of area to be declared, as National Park/Sanctuary will be decided by the State Government in consultation with the Ministry of Environment and Forests and associating reputed Forestry and Wildlife Experts.

(iv) The National Park/Sanctuary will be under the control of the Chief Wild Life Warden, Government of Arunachal Pradesh, to be managed by an officer of the rank of the Deputy Conservator of Forests and above.

(v) The National Hydroelectric Power Corporation (NHPC) will provide funds for the relocation and re-settlement of the people, if any, residing inside the proposed National Park/Sanctuary at (ii) above, at sites outside the protected area on land earmarked for the purpose by the State Government in advance.

(vi) NHPC will make adequate arrangements for supply of fuel to the staff and workers engaged in the construction. Under no circumstances, fuelwood will be removed from the sanctuary or forest area.

(vii) There would be no construction of dam upstream of the Subansri river in future.

(viii) The State Government will provide dedicated field staff for the management and protection of the National Park/Sanctuary, which will include adequate number of ACFs, RFOs, Foresters, Guards, and Watchmen etc. Requisite infrastructure, communication, equipments and other facilities will be provided to the staff and the officials. The entire cost i.e. Recurring and non-recurring expenditure will be borne by NHPC for a period of ten years. The State Government will prepare and approve the Management Plan for the National Park/Sanctuary for a period of ten years and submit to the NHPC for funding support.

(ix) The NHPC will also ensure that there is no siltation down the Subhansri river during the construction phase. The spillage and diversion channels will be maintained as fish ladder.

(x) Under no circumstances, the excavated material will be dumped either in the river or any other part of the National Park/Sanctuary or the surrounding forests.

NHPC will also provide complete funds for reforestation of the degraded sites with indigenous species within the National Park/Sanctuary and ensure that there is no siltation down the Subansiri River during construction phase.

8. In this view of the matter, the IAs stand disposed of. IA 972 in IA 757 with IA 789-790, 962, 986 & 1038-1041. We have heard learned counsel for the parties. Till the Notification is issued, we direct the State Government of Rajasthan to constitute a committee comprising of three members in consultation with CEC for the purpose of grant of permission for carrying out repairs or renovation of the existing structures within the municipal limit. The State Government may constitute such a committee within a period of one month. IA 987. Ministry of Tourism, Department of Culture is permitted to construct tourist facilities at Dilwara Jain Temple at Mount Abu. I.A. is disposed of. IA 1042-45. We have heard Learned Counsel and the learned amicus-curiae. The applicant apprehends that in case notification is issued there would be complete ban on the raising of constructions within the area and therefore a prayer is made that before issuance of Notification the objections raised by the applicant may be considered by this Court. We do not find any merit in this submission, in view of the fact that before final notification is issued by the Government, first a draft notification is to be issued inviting objections from the people who would be aggrieved by the notification. In that situation, the applicant may also file objections, if any, which the Government would consider. Further, if any final notification is issued, it will be open to the applicant to challenge the same in accordance with law.

9. IA 989 in IA 857-858 with IA 997, 998 & 1128.

10. IA 1128: Let the reply be filed by South Eastern Coalfieds Limited within a week. List this matter on 3.5.2004.

11. IA 1003 in in IA 965 Ms. Rachna Srivastava, the Learned Counsel prays for and is granted four weeks time to obtain instructions. List this matter after summer vacation.

12. IA 976 in IA 727 List after summer vacation.

13. IA 920 in IA 703 with IA 988, 1129 & 1151 List this matter for hearing in the month of July 2004 on the date to be given by the Registry.

14. IA 1150 in IA 1010 Learned Counsel prays for and is granted four weeks time to file reply.

15. IA 1011 Matter be referred to the Standing Committee of IBWL for its consideration.

16. W.P.(c) 498/2003 The Andhra Pradesh Tourism Development Corporation Ltd. Has filed this petition for construction of aerial rope way to transport pilgrims from Tirupati to Tirumala passing through the Sri Venkatesara Wild Life Sanctuary. The CEC has made the following recommendations:

The CEC is of the view that the Ropeway is an eco-friendly mode for transportation of visitors in any eco fragile area. It will be noiseless, pollution free, eficient, time saving and a novel way of transporting pilgrims to the Holy Shrine. On the other hand transportation by road involves vehicular emissions and pollution and wastage of fuel/energy. It also disturbs the habitat and wildlife and also causes accidental death of wild animals. The location of 32 of 39 pillars of the Ropeway is at the edge of the Sri Venkateswara Wildlife Sanctuary within a large enclosure where Tirumala Temple complex and facilities are situated. For the construction of the remaining seven pillars forest land measuring 1.44 ha. would be required whereas the actual construction will take place in an area of 0.1. ha. The CEC is of the view that the Ropeway project is in public interest, the area required is the minimum possible and the pillars will be erected in a rocky degraded area. Besides, it will involve felling of 24 small trees. No alternative site is possible. The disturbance and the impact upon the habitat and wildlife due to the Ropeway project will be minimal and will also be fully containable. In view of the reasons given above the Committee recommends that this Hon'ble Court may consider permitting the use of 1.44 ha. of forest land for the construction of seven pillars required for the Ropeway Project subject to the following conditions and to any other condition(s) that may be stipulated by the Ministry of Environment & Forests while according approval under the Forest (Conservation) Act, 1980 and the Wild Life (Protection) Act, 1972:

(i) before commencing the work, five per cent of the project cost of that part of the project which falls within the Sri Venkateswara Wildlife Sanctuary will have to be deposited by the project proponents in the Compensatory Afforestation Fund to be used for the protection and better management of the Sanctuary;

(ii) the net present value of the forest land diverted for the project will have to be deposited in the Compensatory Afforestation Fund as per this Hon'ble Court's order dated 30.10.2002 passed in I.A. No. 566.

17. We are in agreement with the recommendations made by CEC. We accordingly accord permission to the applicant for constructions of ropeway subject to fulfilling the conditions as pointed out by the CEC in its letter dated 7.4.2004. The amount may be deposited in two equal instalments. First instalment shall be deposited within one month and the other within six months thereafter. After the first instalment is deposited, the permission would be operative.

18. The matters to be listed before a Bench comprising of Hon'ble Mr. Justice Y.K. Sabharwal, Hon'ble Mr. Justice Arijit Pasayat and Hon'ble Mr. Justice S.H Kapadia.