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T.N. Godavrman Thirumulpad v/s Union of India

    I.A.Nos.1117-1118,In Writ Petition (Civil) No(s). 202 of 1995, I.A.No. 2066 @ Cont. Pet. (C) No. 133 of 2007 In W.P(C)No.202 of 1995, IA Nos.2465-2466, 2467-2468 In W.P(C)No. 202 of 1995, I.A.Nos. 2421-2422 In W.P.(C)No. 202 of 1995,I.A.Nos.3127-3128 In W.P.(C)No. 202 of 1995, I.A.Nos.12-13, 14-15, 16-17 & 18-1 In SLP(C)No.19628-19629/2009, I.A.Nos. 2843-2844 In W.P.(C).No. 202 of 1995

    Decided On, 06 January 2012

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE K.S. RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE CHANDRAMAULI KR. PRASAD

    For the Appearing Parties: ------



Judgment Text

K.S. Radhakrishnan, J.

I.A.NOS.1117-1118 IN W.P(C)No.202/1995

1. State of Jammu & Kashmir is directed to file counter affidavit.

2. List on 16.1.2012.

I.A.NO. 2066 @ CONT. PET. (C) NO. 133/2007 IN W.P(C)No.202/1995

3. Post on 16.1.2012.

IA NOS.2465-2466, 2467-2468 IN W.P(C)No.202/1995:

4. List after three weeks.

I.A.NOS.2421-2422 IN W.P.(C)No.202/1995

5. CEC to file its report within one month. Th

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ereafter, State of Bihar will file its response within six weeks.

6. Post after two months.

I.A.NOS.3127-3128 IN W.P.(C)No.202/1995:

7. As a last chance, State of Orissa is permitted to file counter affidavit and MoEF to file its response.

8. Post after four weeks.

I.A.NOS.12-13, 14-15, 16-17 & 18-1 IN SLP(C)No.19628-19629/2009 + SLP(C)...CC 16157/2011 WITH SLP(C)...CC 18235/2011:

9. The matters remained part-heard.

10. List on Monday i.e. 9.1.2012.

I.A.NOS.2843-2844 IN W.P.(C)No.202/1995:

11. Post for final disposal.

IA NOS.2423-2425, 2971-2973, 2984-2986, 3040-3042 , 3135-3136 & 3319-3322 IN W.P(C)No.202/1995:

12. Learned counsel appearing for State of Bihar submits that he is filing the seniority list in respect of two districts during the course of the day. If there is any defect, the counsel for State of Bihar to take steps to cure the defects.

13. CEC to file its report.

14. Post after four weeks.

I.A.NOS.2870-2871 IN W.P.(C)No.202/1995:

15. Await report of CEC.

16. Post after four weeks.

I.A.NOS.3273-3274 IN W.P.(C)No.202/1995:

17. Two weeks' time is granted to MoEF to file its report, as a last chance.

18. Post after four weeks.

IA NO.3037 IN W.P(C)No.202/1995 WITH CONMT.PET.(Civil)No.235/2011 In W.P(C)No.202/1995:

19. List on 16.1.2012.

IA NOS.3114-3116 IN W.P(C)No.202/1995:

20. Two weeks' is granted to CEC to file its report.

21. Post after three weeks.

SLP(C)No.7031/2010:

22. List after four weeks.

IA NO.100 IN W.P(C)No.337/1995: I.A.NOS. 1308, 1323,1455, 1468, 1478 IN W.P(C)No.202/1995 ASKOT MUSK DEER SANCTUARY I.A. NO.1791-1792 IN W.P.(C)No.202/1995 IA NO.2716 IN W.P(C)No.202/1995 SLP(C) NO.24627-24628/2011, SLP(C)No.3941/2010, SLP(C)No.28519/2008 I.A.NOS. 2642 IN W.P.(C)No.202/1995 I.A. NO.2717 IN I.A. NOS.1135-1136 IN W.P.(C)No.202/1995 I.A. NO.2785 & 3025 IN W.P.(C)No.202/1995 PANCHMARHI MATTERS (TIGER RESERVE ETC.) I.A.NOS.2202-2203, I.A.NOS.2601 & 2915-2917 In I.A.NOS. 2202-2203, 2602, 2929-2931 WITH 1606, 2002-2004, 2011, 2062-2063 IN 1220.IN 548, 3308-3310 IN WP(C)NO.202/1995 WITH I.A.NO.1697 IN 548 AND 2595-2596 IN W.P(C)No.202/1995 IA NOS.2155-2156 & 2680 IN IA NO. 2156, 3275 IN WP(C)No.202/1995, I.A.NO.3117 IN IA 1991 AND 1991 IN W.P.(C)No.202/1995 I.A.NOS.2710 & 2730 IN W.P.(C)No.202/1995, I.A. NO. 925 WITH CONMT.PET.(Civil)No.193/2001, I.A. NO. 1127 IN 925 AND I.A.NO.4 IN CONMT.PET.(Civil) NO.193/2001 In W.P(C)No.202/1995

23. Not taken up

IA NO. 334 & IA NO. 319 IN IA NO. 316 IN WP(C) NO. 13029/1985:

24. We do not find any reason to recall the order dated 11.11.2011.

25. The applications are dismissed.

I.A NO. 3344 IN WP(C) NO. 202/1995

26. This application has been preferred seeking a direction to the MoEF to grant Temporary Working Permission (TWP) based on the recommendation of its Forest Advisory Committee to enable the applicant to carry on the mining activities which they are carrying on for a number of years.

27. Applicant submits that it had submitted an application on 17.12.2009 before the District Mining Officer for renewal of mining lease on which the State Government is yet to pass orders, may result in deemed permission under Section 24(6) of the Mineral Concession Rules. Permission under the Forest Conservation Act, 1980 was also applied on 21.12.2009 which is stated to have recommended by CCF and pending consideration before MoEF. In the meanwhile, Assistant Mining Officer, Chaibasa has passed an order on 30.12.2011 directing that no mining work be carried on by the applicant till orders are received from MoEF and the government.

28. Considering the facts and circumstances of the case, we are inclined to grant stay of the orders dated 30.12.2011 issued by the DFO, Chaibasa, South Forest Division bearing Nos. 2973, 2974 and order dated 30.12.2011 issued by the Assistant Mining Officer, Chaibasa bearing Letter No. 2265 dated 30.12.2011 for a period of one month. In the meantime, MoEF would consider the application for renewal.

29. Post after three weeks.

MM IA NO..../2012 IN SLP(C) NO. 17160/2011:

30. List next week.

MM IA NO..../2012 IN SLP(C) NO. 17150-51/2011:

31. List next week.
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