ITEM NO.1 COURT NO.3 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 202/1995 IN RE : T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) [ 1 ] INTERLOCUTORY APPLICATION NO. 132209/2018 [CEC REPORT NO. 35 OF 2018 REPORT OF CEC IN APPLN. NO. 1424/2018 FILED BEFORE IT BY MINISTRY OF DEFENCE] IN RE : MINISTRY OF DEFENCE Date : 18-09-2018 CORAM : This application was called on for hearing today. HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Harish N. Salve, Sr. Adv. (A.C.)[NP] Mr. A.D.N. Rao, Advocate (A.C.) Mr. Sudipto Sircar, Adv. Mr. Siddhartha Chowdhury, Advocate (A.C.) Ms. Aparajita Singh, Advocate (A.C.) For Respondent(s) Mr. A.N.S. Nadkarni, ASG Mr. S. Wasim A. Qadri, Adv. Mr. D.L. Chidanand, Adv. Mr. Ritesh Kumar, Adv. Mr. Devasis Bharuka, Adv. Mrs. Suhasini Sen, Adv. Mr. Ravindra Bana, Adv. Mrs. Anil Katiyar, Adv. Mr. G.S. Makker, Adv. Mr. M.K. Maroria, Adv. UPON hearing the counsel the Court made the following O R D E R This Report pertains to an application filed before the CEC by 1
the Ministry of Defence seeking permission for Right of Way to lay 850 meters long Fibre Optic Cable Network inside the Central Ridge Reserve Forest along with the Reserve Forest boundary from Delhi Earth Station (Malcha Marg) to Sardar Patel Marg, Chanakyapuri, Delhi. The CEC has considered the request and it is recommended that since the project is in public interest and the project is of strategic importance to the Defence Forces that laying of OFC cable will be carried out inside Central Ridge Reserve Forest through manual trenching along the boundary wall of the ridge forest and that no tree will be felled. The Right of Way permission may be granted to the Ministry of Defence to meet the operational requirements subject to the following conditions: i) user agency shall deposit 5% of the project cost with the Ridge Management Board Fund and which under the close supervision of the Ridge Management Board shall be used by the Forest Department, Delhi Government for conservation and protection of the Delhi Ridge; ii) the user agency will dig the trench for laying of optical fibre inside the Central Ridge Reserve Forest. The dug up trench will be backfilled and closed without delay and the entire work of laying of optical fibre including restoration of the area and removal of labour and material from site will be completed in 4 weeks. iii) the user agency shall obtain the statutory forest clearance for diversion of forest land for non-forest purpose in accordance with the provision of the Forest (Conservation) Act, 1980 from the 2
competent authority and shall comply with all the conditions that are laid down in the order to be passed for diversion of forest land; iv) the work will be executed under the close supervision of Forest Department of Delhi Government of Forest Department of Delhi Government who will ensure that no tree is felled while laying the underground cable; v) the user agency shall pay Net Present Value (NPV) as assessed by the Forest Department of Delhi Government. vi) compensatory afforestation at the cost of the user agency shall be undertaken by the Forest Department on the land identified for the purpose; and vii) video record of the ROW before and after laying the OFC would be made so as to establish that no trees were damaged during the laying of optical fibre. A copy of the video would be provided to the Forest Department. The learned ASG says that he will take instructions in this regard and will get back to us tomorrow (19.09.2018). (MEENAKSHI KOHLI) COURT MASTER (KAILASH CHANDER) ASSISTANT REGISTRAR 3
ITEM NO.1 COURT NO.3 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 202/1995 IN RE : T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) INTERLOCUTORY APPLICATION NO. 133601/2018 [CEC REPORT NO. 36 OF 2018 REPORT OF CEC IN APPLN. NO. 1425/2018FILED BEFORE IT BY DELHI POLICE] IN RE : DELHI POLICE Date : 18-09-2018 CORAM : This application was called on for hearing today. HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Harish N. Salve, Sr. Adv. (A.C.)[NP] Mr. A.D.N. Rao, Advocate (A.C.) Mr. Sudipto Sircar, Adv. Mr. Siddhartha Chowdhury, Advocate (A.C.) Ms. Aparajita Singh, Advocate (A.C.) For Respondent(s) Mr. A.N.S. Nadkarni, ASG Mr. S. Wasim A. Qadri, Adv. Mr. D.L. Chidanand, Adv. Mr. Ritesh Kumar, Adv. Mr. Devasis Bharuka, Adv. Mrs. Suhasini Sen, Adv. Mr. Ravindra Bana, Adv. Mrs. Anil Katiyar, Adv. Mr. G.S. Makker, Adv. Mr. B.V. Balaram Das, Adv. UPON hearing the counsel the Court made the following O R D E R This is an application filed before the CEC by the Delhi 4
Police seeking permission for construction of building for Special Unit for Women and Children (SPUWAC) and Special Unit for North Eastern Region (SPUNER) at Nanakpura, New Delhi falling in Morphological Ridge area. The application was considered by the CEC and it is recommended that since the project / construction of building of Delhi Police is in public interest and will deal with the crime against women and children and people of North Eastern Region and that the new building will be at the same site where the old (demolished) building existed and no alternative site is available, the proposal has been recommended by the Ridge Management Board. The Delhi Police has also agreed to undertake compensatory afforestation ten times the number of trees felled. In view of the above, the proposal is recommended for acceptance by the CEC subject to the following conditions: i) Delhi Police shall deposit 5% of the project cost with Ridge Management Board Fund which amount shall be sued for conservation and protection of Delhi Ridge under the close supervision of the Forest Department of Delhi government; ii) compensatory plantation on the land in Police Training School, Jharoda Kalan will be done under the supervision of the Forest Department of Delhi Government and iii) the cost of raising 130 plants at Police Training School, Jharoda Kalan shall be deposited in advance with the Forest Department of Delhi Government by the Delhi Police. The learned ASG appearing on behalf of the Delhi Police says that there is no objection to the conditions imposed by the CEC and 5
that the Delhi Police will accept and abide by the conditions. Under the circumstances, the application filed by the Delhi Police before the CEC is allowed subject to the above. (MEENAKSHI KOHLI) COURT MASTER (KAILASH CHANDER) ASSISTANT REGISTRAR 6
ITEM NO.1 COURT NO.3 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 202/1995 IN RE : T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) INTERLOCUTORY APPLICATION NO. 133603/2018 [CEC REPORT NO. 37 OF 2018 REPORT OF CEC IN APPLN. NO. 1426/2018FILED BEFORE IT BY CENTRAL PUBLIC WORKS DEPARTMENT (CPWD)] IN RE : CENTRAL PUBLIC WORKS DEPARTMENT (CPWD) Date : 18-09-2018 CORAM : This application was called on for hearing today. HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Harish N. Salve, Sr. Adv. (A.C.)[NP] Mr. A.D.N. Rao, Advocate (A.C.) Mr. Sudipto Sircar, Adv. Mr. Siddhartha Chowdhury, Advocate (A.C.) Ms. Aparajita Singh, Advocate (A.C.) For Respondent(s) Mr. A.N.S. Nadkarni, ASG Mr. S. Wasim A. Qadri, Adv. Mr. D.L. Chidanand, Adv. Mr. Ritesh Kumar, Adv. Mr. Devasis Bharuka, Adv. Mrs. Suhasini Sen, Adv. Mr. Ravindra Bana, Adv. Mrs. Anil Katiyar, Adv. Mr. G.S. Makker, Adv. Mr. B.V. Balaram Das, Adv. UPON hearing the counsel the Court made the following O R D E R It has been pointed out by Mr. A.D.N. Rao, the learned Amicus 7
that for the purposes of afforestation, the land identified by the CPWD will have to be transferred to the Forest Department, Government of Delhi. The learned ASG says that he would like to take instructions in this regard. List the matter on 26.09.2018. (MEENAKSHI KOHLI) COURT MASTER (KAILASH CHANDER) ASSISTANT REGISTRAR 8
ITEM NO.1 COURT NO.3 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 202/1995 IN RE : T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) INTERLOCUTORY APPLICATION NOS. 127530/2018 AND 127531/2018 [APPLICAITONS FOR IMPLEADMENT AND CLARIFICATION OF COURT S ORDER DATED 16.07.2018 PASSED IN I.A.NO. 138805/2017] IN RE : DR. KAUSHAL KANT MISHRA Date : 18-09-2018 CORAM : These applications were called on for hearing today. HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Harish N. Salve, Sr. Adv. (A.C.)[NP] Mr. A.D.N. Rao, Advocate (A.C.) Mr. Sudipto Sircar, Adv. Mr. Siddhartha Chowdhury, Advocate (A.C.) Ms. Aparajita Singh, Advocate (A.C.) For Respondent(s) Mr. A.N.S. Nadkarni, ASG Mr. S. Wasim A. Qadri, Adv. Mr. D.L. Chidanand, Adv. Mr. Ritesh Kumar, Adv. Mr. Devasis Bharuka, Adv. Mrs. Suhasini Sen, Adv. Mr. Ravindra Bana, Adv. Mrs. Anil Katiyar, Adv. Mr. G.S. Makker, Adv. Mr. Gopal Sankaranarayanan, Adv. Ms. Pooja Dhar, Adv. Ms. Aishwarya Kane, Adv. Mr. Praveen Swarup, Adv. UPON hearing the counsel the Court made the following 9
O R D E R The contention of the applicant is that the order passed on 16.07.2018 requires some modification to the effect that the Delhi Forest Department should first take up the planting of indigenous species of trees and thereafter permission should be granted for felling the trees. This submission is made with reference to the following direction:- the SDMC will deposit the cost of undertaking compensatory planting of ten times the number of trees to be cut and its maintenance for a period of five yeas with the Delhi Forest Department which shall take up planting of indigenous species and its maintenance and will also make available sufficient land for raising compensatory plantation. The learned ASG says that he would like to take instructions in this regard. List the matter on 26.09.2018. (MEENAKSHI KOHLI) COURT MASTER (KAILASH CHANDER) ASSISTANT REGISTRAR 10
ITEM NO.1 COURT NO.3 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 202/1995 IN RE : T.N. GODAVARMAN THIRUMULPAD Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) [ i ] INTERLOCUTORY APPLICATION NO. 125470/2018 [APPLICAITON FOR RECALLING OF COURT S ORDER DATED17.08.2018 AND RESTORATION OF I.A.NO. 80216/2018] WITH [ ii ] INTERLOCUTORY APPLICATION NO. 125483/2018[APPLICAITON FOR RECALLING OF COURT S ORDER DATED17.08.2018 AND RESTORATION OF I.A.NO. 83665/2018] IN RE : PRISM JOHNSON LIMITED Date : 18-09-2018 CORAM : These applications were called on for hearing today. HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Harish N. Salve, Sr. Adv. (A.C.)[NP] Mr. A.D.N. Rao, Advocate (A.C.) Mr. Sudipto Sircar, Adv. Mr. Siddhartha Chowdhury, Advocate (A.C.) Ms. Aparajita Singh, Advocate (A.C.) For Respondent(s) [ i ] and [ ii ] Mr. A.N.S. Nadkarni, ASG Mr. S. Wasim A. Qadri, Adv. Mr. D.L. Chidanand, Adv. Mr. Ritesh Kumar, Adv. Mr. Devasis Bharuka, Adv. Mrs. Suhasini Sen, Adv. Mr. Ravindra Bana, Adv. Mrs. Anil Katiyar, Adv. Mr. G.S. Makker, Adv. Mr. Dhruv Mehta, Sr. Adv. Mr. Ninad Laud, Adv. Ms. Smriti Churiwal, Adv. 11
Ms. Anupama, Adv. Mr. Anjuman Tripathy, Adv. Mr. Aman Varma, Adv. Mr. Ivo D. Costa, Adv. Ms. Deepa M. Kulkarni, Adv. Mr. Nishant R. Katneshwarkar, Adv. UPON hearing the counsel the Court made the following O R D E R I.A. Nos. 125470/2018 and 125483/2018 are allowed. I.A. No. 80216/2018 (Application for impleadment) is allowed for the purposes of I.A. No. 83665/2018 (Application for direction). List I.A. No. 83665/2018 (Application for direction) on 13.11.2018. (MEENAKSHI KOHLI) COURT MASTER (KAILASH CHANDER) ASSISTANT REGISTRAR 12