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T.n.godavarman Thirumalpad v. Union Of India & Ors

T.n.godavarman Thirumalpad v. Union Of India & Ors

(Supreme Court Of India)

Writ Petition (Civil) No. 202/1995 | 23-04-2010

I.A.Nos.2079-2080, 2301-2303, 2760 in WP(C)No.202/1995 and I.A.No.2856 IN 2079-2080 in W.P.(C)NO.202/1995 with W.P.(C) NO.301/2008

List after summer vacation for directions.

I.A. NO.1137 IN 826 IN 566 IN WP(C)No.202/1995

List on 30.4.2010.

I.A.NO.1631 IN W.P.(C) NO.202/1995

The Applicant- M/s. Ambiga Timber Corporation is having saw mills in the industrial area at Chikmagalur, Karnataka. Though these mills are at a distance of less than 8 kilometers from the forest area, these are situate in the approved industrial area. The Authorities may consider his applications for licences and if otherwise eligible, the applicant may be considered for grant permission.

The I.A. is disposed of accordingly. I.A.Nos.1681, 1790 & 2097 in W.P.(C)NO.202/1995

The applicant - M/s. J.H. Business India Limited is having a Khair-Wood based industry in the State of Haryana which is sealed in pursuance of this Court’s orders. The applicant submits that Khair- wood is now available in abundance in the market from legalized sources and is sold under the supervision of the Forest Department. The CEC has examined the question of feasibility and submitted its Report. It has suggested that an assessment could be made in regard to the State’s requirement and the applicant’s petition could be considered by the State Level Committee, constituted by the CEC, and appropriate orders could be passed on the applicant’s request within a reasonable time.

Let that be so.

The I.As. are disposed of accordingly.

I.A.Nos.2211 in I.A. 1424-1425, 2649, 2811-2812 in W.P. (C)NO.202/1995 with W.P.(C) NO.469/2005 and CONMT.PET.(C) NO.388/2009 IN IA 1424-1425 IN WP(C) NO.202/1995

I.A.Nos.2211 in I.A. 1424-1425, 2649, 2811-2812

Further Report from the CEC on the allegations of cutting of trees is awaited.

Contempt Pet.(C) 388/2009

The Contempt Petition is moved by the original petitioner alleging that 884 trees were cut even after the prohibition order passed by this Court, apparently on the basis of same permission purportedly given by Additional Collector. This petition is also referred to the CEC.

W.P.(C) 469/05

It is alleged that more than 6,000 trees cut by BALCO. The CEC may get this fact too verified in its finding Report.

List in the 1st week of August, 2010.

Liberty to move when Report is filed by the CEC.

I.A.Nos. 2228-2229, 2575-2576, 2577-2578 in W.P.(C)NO.202/1995

I.A.No.2320 in W.P.(C)NO.202/1995

I.A.Nos.2333-2334 in W.P.(C)NO.202/1995

I.A.Nos. 2414-2416 in W.P.(C)NO.202/1995

I.A.No.2622-2624 & 2813 in W.P.(C)NO.202/1995

I.A.No.2640-2641 in W.P.(C)NO.202/1995

I.A.No.2678 in 2362-2363 & 2776 in W.P.(C)NO.202/1995

I.A.No.2805 & 2846 in W.P.(C)NO.202/1995

I.A.No.2817-2819 in I.a.No.828 in W.P.(C)NO.202/1995

I.A.No.2847 in W.P.(C)NO.202/1995

SLP(C) NO.5044-5045/2010

SLP(C) CC 5816-5817/2010

List after two weeks.

Advocate List

  • For Petitioner(s)/ Mr. P.K. Manohar, Adv.

  • Respondent(s) : Mr.Haris Beeran, Adv.

  • Mr. Brijender Chahar, Sr. Adv. Mr. D.D. Kamat, Adv. Mr. D.K. Thakur, Adv. Mr. A. Deb Kumar, Adv. For Mr. S.N. Terdal, Adv. Ms. Anitha Shenoy, Adv. Mr. Yashraj Singh Deora, Adv. Mr. Sarv Mitter, Adv. For M/s. Mitter & Mitter & Co., Advs. Ms. N. Shobha, Adv. Mr. Sanjay Kharde, Adv. Ms. Asha G. Nair, Adv. Mr. Vimal Chandra S. Dave, Adv. Mr. T.L.V. Iyer, Sr. Adv. Mr. G. Prakash, Adv. Mr. B. Anand, Adv. Ms. Beena Prakash, Adv. Mr. Altaf Ahmed, Sr. Adv.Mr. S. Ravi Shankar, Adv. Mr. Vinod Khanna, Adv. Mr. Senthil Kumar, Adv. Mr. Sanjay R. Hegde, Adv. Mr. A. Rohen Singh, Adv. Mr. Ramesh K. Mishra, Adv. Mr. Maninder Singh, Sr. Adv. Mr. P. Kalra, Adv. Mr. Tiger Singh, Adv. Mr. Jagjit Singh Chhabra, Adv.Mr. T.V. George, Adv. Mr. Soli J. Sorabjee, Sr. Adv. Mr. P.C. Sen, Adv. Mr. Aanchal Yadav, Adv. Ms. Binu Tamta, Adv. Mr. Ram Swarup Sharma, Adv. Mr. Atul Jha, Adv Ms. Yogmaya Agnihotri, Adv. Mr. D.K. Sinha, Adv. Mr. L.R. Singh, Adv. Mr. Sushil Kumar Jain, Adv. Ms. Vibha Datta Makhija, Adv. Mr. Rajesh Srivastava, Adv. Mr. Sunit Kumar Jain, Adv. Mr. Radha Shyam Jena, Adv. Mr. Ranjit Kumar, Sr. Adv. Mr. Aarohi Bhalla, Adv. Ms. Sujata Kurdukar, Adv. Mr. Amit Mahajan, Adv. Mr. Garvesh Kabra, Adv. Mr. Subodh S. Patil, Adv. Mr. Shivaji M. Jadhav, Adv. Mr. P.K. Jain, Adv. Mr. P.K. Goswami, Adv. Mr. Sudhakar Diwedi, Adv. Mr. Ajay Agarwal, Adv. Mr. Riku Sarma, Adv. For M/s. Corporate Law Group, Advs. Mr. M.L. Lahoty, Adv. Mr. Paban K. Sharma, Adv. Mr. Himanshu Shekhar, Adv. Ms. Gargi Bhatta Barholi, Adv. Ms. Rachna Srivastava, Adv. Mr. Shail Kr. Dwivedi, Adv. Ms. Vandana Mishra, Adv. Mr. Ashutosh K. Sharma, Adv. Mr. Kamlendra Misra, Adv. Ms. S. Janani, Adv. Mr. Manjit Singh, AAG Mr. Gaurv Teotia, Adv. Mr. Kamal Mohan Gupta, Adv. Ms. Abha R. Sharma, Adv. Mr. H.P. Raval, ASG Mr. B. Chahar, Sr. Adv. Ms. Gunwant Dara, Adv. Ms. Anil Katiyar, Adv. Mr. J.K. Das, Adv. Ms. Hemantika Wahi, Adv. Ms. Nupur Kanungo, Adv. Mr. Maninder Singh, Sr. Adv. Mr. Dheeraj Nair, Adv. Mr. Chetan Chopra, Adv. Dr. Manish Sinvhvi, AAG Mr. Devanshu Kumar Devesh, Adv.l Mr. Milind Kumar, Adv. Ms. Aishwarya Bhati, Adv. Gp. Capt. Karan Singh Bhati, Adv. Mr. T. Harish Kumar, Adv. Mr. V. Vasudevan, Adv. Mr. Shish Pal Laler, Adv. Mr. Balbir Singh Gupta, Adv.

  • SLP(C) 5044-45, Mr. S.K. Dubey, Adv. 5816-17 Mr. K.V. Mohan, Adv. Mr. Jamal Akhtar, Adv. Mr. Somvir Singh Deswal, Adv. Mr. Shree Pal Singh, Adv. Mr. C.P. Malik, Adv.

  • Ranchi Assn. Mr. Bhavanishankar V. Gadnis, Adv. For Mr. B.Sunita Rao, Adv.

  • IA 2079-80 M/s.Nandini Gore, Sonia Nigam, Kartik Bhatnagar, R.N. Karanjawala, Manik Karanjawala, Advs. For M/s. Karanjawala & Co., Advs. Ms. Shobha Adv. Mr. Mohinder Thakur, Adv.

  • IA 2805 & 2846 Ms. Tasneem Ahmedi, Adv. Mr. Ajay Sharma, Adv.

Bench
  • HON'BLE MR. JUSTICE S.H. KAPADIA
  • HON'BLE MR. JUSTICE AFTAB ALAM
Eq Citations
  • LQ/SC/2010/446
Head Note

Environment Protection and Pollution Control — Forests — Tree felling — Violation of orders of Supreme Court — Applicant- M/s. Ambiga Timber Corporation is having saw mills in the industrial area at Chikmagalur, Karnataka — Though these mills are at a distance of less than 8 kilometers from the forest area, these are situate in the approved industrial area — Authorities may consider his applications for licences and if otherwise eligible, the applicant may be considered for grant permission — Applicant- M/s. J.H. Business India Limited is having a Khair-Wood based industry in the State of Haryana which is sealed in pursuance of Supreme Court's orders — Applicant submits that Khair- wood is now available in abundance in the market from legalized sources and is sold under the supervision of the Forest Department — CEC has examined the question of feasibility and submitted its Report — It has suggested that an assessment could be made in regard to the State's requirement and the applicant's petition could be considered by the State Level Committee, constituted by the CEC, and appropriate orders could be passed on the applicant's request within a reasonable time — Further Report from the CEC on the allegations of cutting of trees is awaited — Contempt Pet.(C) 388/2009 The Contempt Petition is moved by the original petitioner alleging that 884 trees were cut even after the prohibition order passed by Supreme Court, apparently on the basis of same permission purportedly given by Additional Collector — This petition is also referred to the CEC — W.P.(C) 469/05 It is alleged that more than 6,000 trees cut by BALCO — The CEC may get this fact too verified in its finding Report —