Supreme CourtDivision Bench(2009) 03 SC CK 0050

T.N. Godavarman Thirumulpad vs Union of India (UOI)and Others

Supreme Court Of India · Decided on 20 March 2009 · Citation: (2009) 3 ALT 24

HON’BLE JUDGES
Arijit Pasayat, C.J · S. H. Kapadia, J
RESULT
Allowed
CASE NUMBER
I.A. No''s. 828, 833, 834-835, 837-838, 846-847, 893-894, 901-902, 903, 904, 1310-1310A in I.A. No. 833 in I.A. No. 828, 1329, 1330, 1331-1332, 1450-1452 in 1310, 2086 in 1329-1330 in 1310, 2447 in WP (C) No. 202 of 1995 and SLP (C) No. 3353 of 2003, C.A.

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Judgment

25 paragraphs · 305 words

I.A. Nos. 2147-2148:

1.

List on 17.04.2009.

2.

Meanwhile, reply affidavit, if any may be filed.

I.A. No. 2211 in I.A.1424-1425 & W.P.(c) No. 460/05:

3.

List on 27.03.2009.

I.A. Nos. 2331-2332 in 2167:

4.

List on 24.04.2009.

I.A. No. 2555:

5.

This is an application by the Rajasthan Rajya Vidyut Prasaran Nigam Ltd. (RRVPNL), for laying two transmission lines through the National Chambal Ghariyal Sanctuary for the evacuation of power from the Chambal Thermal Power Station. C.E.C. has examined the matter and has recommended the same on fulfilling the following conditions:

1.

for use of the forest land, approval under the F.C. Act will be obtained;

2.

NPV for the forest land and non-forest land falling within the sanctuary, will be payable as per the Hon''ble Supreme Court''s order dt. 28.3.2008 and 9.5.2008 regarding the NPV;

3.

5% of the estimated cost of the project towards the laying of the transmission lines in the area falling within the sanctuary will be deposited by the applicant in the Compensatory Afforestation Fund;

4.

The establishment/construction of piers will be done leaving at least 70 metres from each of the banks in the presence of the local forest staff;

5.

no felling of trees will be permissible; and

6.

no night camping will be allowed in the sanctuary area.

6.

All the aforesaid conditions are acceptable to the applicant.

7.

Permission is granted subject to fulfillment of the above conditions. I.A. is allowed accordingly.

8.

Rest of the I.A.s on board:

9.

Adjourned.

10.

List on 24.04.2009.

11.

Taken on board.

12.

Learned senior counsel for the petitioner seeks permission to withdraw the applications. Permission sought for is granted. The applications are dismissed as withdrawn.

13.

List on 17.4.2009.

14.

Taken on board.

15.

Issue notice returnable on 17.4.2009. Reply, if any, be filed in the meanwhile.