Supreme Court – Daily Orders
In Re : T.N. Godavarman Thirumulpad vs Union Of India on 16 January, 2025
Author: B.R. Gavai
Bench: B.R. Gavai
1
ITEM NO.12 COURT NO.2 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 FOR 16.01.2025 (THROUGH SUPPLEMENTARY
LIST) “ONLY” [ 1 ] IN RE : “CONSTRUCTION OF MULTI STOREYED
BUILDINGS IN FOREST LAND MAHARASHTRA” [ i ] I. A. No. 2079 OF 2007
[Application For Impleadment And Directions] WITH [ ii ] I.A Nos.
2301-2302 OF 2008 [Applications For Impleadment And Directions] AND
[ iii ] I.A. Nos. 3044-3045 OF 2011 [Applications For Impleadment
And Directions] AND [ iv ] I.A. Nos. 2771-2772 OF 2009
[Applications For Impleadment And Directions] WITH I.A. NOS. 172553
AND 172555 OF 2024 (Application for Additional and Documents and
Exemption from filing O.T. in I.A. Nos. 2771-2772 of 2009) WITH
I.A. NO. 177996 OF 2024 (Application for Exemption from filing O.T.
in I.A. Nos. 2771-2772 of 2009) AND [ v ] I.A.Nos. 111725 AND
154041 OF 2018 [Applications For Substitution Of Applicant, I.E.
Smt. Housabai Haribhau Bhairat And Condonation Of Delay In Filing
Application For Substitution In I.A. Nos. 2771-2772/2009] WITH [ vi
] I.A. NO. 254946 OF 2023 (Application For Directions In I.A. No.
2301-2302/2007 Filed By M/S. Mitter & Mitter Co., Advocate) WITH
I.A. NO. 39711 OF 2024 (Application for permission to file
Additional Documents in I.A. No. 254946/2023 filed Mr. Aaditya A.
Pande, Advocate) AND WRIT PETITION(C)NO. 301 OF 2008 WITH I.A. NO.
9108 OF 2024 (Application for Intervention) AND [ 2 ] I. A. Nos.
118236 AND 129623 OF 2020 [APPLICATIONS FOR IMPLEADMENT AND
DIRECTIONS] IN RE : M/O AGRICULTURE AND FARMERS WELFARE WITH I.A.
No. 179389 OF 2018 [APPLICATION FOR MODIFICATION OF COURT’S ORDER
DATED 07.05.2002 IN I. A. NO. 502] AND I.A. No. 69399 OF 2021
[APPLICATION FOR PERMISSION TO FILE ADDITIONAL AFFIDAVIT] AND I.A.
No. 144539 OF 2021 [APPLICATION FOR INTERVENTION IN I.A. NO.
179389/2018] AND I.A. No. 13413 OF 2023 [CEC REPORT NO. 2/2023 –
NOTE FILED BY MEMBER SECRETARY, CEC IN I.A. NO. 179389/2018] AND
I.A. No. 217138 OF 2024 [APPLICATION SEEKING EXTENSION OF TIME ON
BEHALF OF MOEF & CC IN I.A. NO. 179389/2018] IN RE : U.T. OF
ANDAMAN AND NICOBAR ADMINISTRATION AND [ 3 ] CONTEMPT PETITION (C)
DIARY NO. 39857 OF 2024 IN RE : K. MRUTYUNJAYA RAO AND [ 4 ]
CONTEMPT PETITION (C) DIARY NO. 38053 OF 2024 WITH I.A. NO. 32074
Signature Not Verified
OF 2024 [Applications for Exemption from filing Residential
Digitally signed by
DEEPAK SINGH
Date: 2025.01.21
Address] IN RE : ROHIT KUMAR CHAURASIA AND [ 5 ] I.A. NO. 41723 OF
17:53:29 IST
Reason:
2022 (DISPOSED OF ON 18.12.2024) [APPLICATION FOR DIRECTIONS] IN
WRIT PETITION (CIVIL) NO. 202 OF 1995 (Under Article 32 of the
Constitution of India) IN RE : AMAN SINGH, RAJASTHAN IN RE : ORANS
IN RAJASTHAN TO BE LISTED ONLY FOR RECEIVING THE COMPLIANCE REPORT
2
AND [ 6 ] I.A. NO. 20650 OF 2023 (CEC REPORT NO. 3/2023 - REPORT OF
CEC IN APPLN. NO. 1558/2021 FILED BEFORE IT BY GAURAV KUMAR BANSAL)
WITH I.A. NO. 75033 OF 2023 (Application For Exemption From Filing
O.T.) AND I.A. NO. 199355 OF 2024 (CEC REPORT NO. 16/2024 – INTERIM
REPORT OF THE CEC ON APPLN. NO. 1578/2024 FILED BY SHRI ABHIJAY
NEGI IN I.A. NO. 20650/2023) IN RE : GAURAV KUMAR BANSAL AND [ 7 ]
I. A. NOS. 79569 AND 79576 OF 2019 [Applications For Intervention
And Directions] WITH I. A. NOS. 159670 AND 159677 OF 2019
[Application For Exemption From Filing Official Translation] WITH
I. A. D. NOS. 14261 AND 14262 OF 2021 [Applications For Urgent
Listing Of I.A. Nos. 79569 And 79576/2019 And Exemption From Filing
Duly Attested Affidavit] AND I. A. NOS. 40599 AND 40624 OF 2023
[Applications For Intervention And Modification Of Court’s Order
Dated 12.05.2022] AND I. A. NO. 220675 OF 2023 [Application For
Direction In I.A. No. 79576/2019] IN RE : SHRAMIK RICKSHAW CHALAK-
MALAK SEVASANSTHA AND [ 8 ] I. A. NO. 268213 OF 2024 [Application
for Impleadment] AND I. A. NO. 268214 OF 2024 [Application for
Directions] IN RE : ALL INDIA KISAN SABHA & ANR. IN WRIT PETITION
(CIVIL) NO. 202 OF 1995 (Under Article 32 of the Constitution of
India) “ONLY” ARE LISTED IN W.P.(C) No. 202 OF 1995 “ONLY” ON
16.01.2025 (THROUGH SUPPLEMENTARY LIST) AND THE NAMES OF “ONLY” THE
FOLLOWING ADVOCATES MAY BE TREATED TO HAVE BEEN SHOWN AGAINST THESE
I.As. MR. HARISH N. SALVE, SR. ADV. [A.C.], MR. A.D.N. RAO, SR.
ADVOCATE [A.C.], MS. APARAJITA SINGH, SR. ADVOCATE [A.C.], MR.
SIDDHARTHA CHOWDHURY, ADVOCATE [A.C.] MR. K. PARAMESHWAR, SR.
ADVOCATE [A.C.] MR. G.S. MAKKER, MR. S.N. TERDAL FOR S. NO. [ 1 ]
MR. K. PARAMESHWAR (A.C.), MR. B.K. PAL, MR. NISHANT R.
KATNESHWARKAR, M/S. MITTER & MITTER CO., MS. RANJEETA ROHTAGI, MR.
C.S. ASHRI, MR. AADITYA ANIRUDDHA PANDE FOR S.NO. [ 2 ] MR. K.
PARAMESHWAR (A.C.), MR. RAJ BAHADUR YADAV, MS. MRINAL ELKER
MAZUMDAR, MR. RAJAT ARORA, MR. P.K. MANOHAR, MR. G.S. MAKKER FOR
S.NO. [ 3 ] MR. K. PARAMESHWAR (A.C.), MR. MUKESH KUMAR FOR S.NO. [
4 ] MR. K. PARAMESHWAR (A.C.), MR. SHASHANK SINGH FOR S. NO. [ 5 ]
MR. K. PARAMESHWAR (A.C.), MR. SIDDHARATHA JHA, MR. SANDEEP KUMAR
JHA (FOR STATE OF RAJASTHAN), MS. NIDHI JASWAL FOR S. NO. [ 6 ] MR.
K. PARAMESHWAR (A.C.), DR. ABHISHEK ATREY (FOR STATE OF
UTTARAKHAND), MR. G.S. MAKKER, MR. M.K. MARORIA (FOR C.B.I.) FOR
S.NO. [ 7 ] MR. K. PARAMESHWAR(A.C.), MS. MISHA ROHATGI MOHTA, M/S.
KARANJAWALA & CO., MR. KRISHNA BALLABH THAKUR, MR. T.R.B.
SIVAKUMAR, MR. AADITYA A . PANDE (STATE OF MAHARASHTRA) FOR S.NO. [
8 ] MR. K. PARAMESHWAR (A.C.), MR. RAJEEV SINGH
WITH
W.P.(C) No. 301/2008 (PIL-W)
(IA No. 2/2008 - EXEMPTION FROM FILING O.T., IA No. 9108/2024 -
INTERVENTION APPLICATION
Diary No(s). 38053/2023 (PIL-W)
(FOR APPLICATION FOR EXEMPTION FROM FILING THE RESIDENTIAL ADDRESS
OF RESPONDENT/CONTEMNOR WITH AFFIDAVIT ON IA 32074/2024, IA No.
32074/2024 - APPLICATION FOR EXEMPTION FROM FILING THE RESIDENTIAL
ADDRESS OF RESPONDENT/CONTEMNOR WITH AFFIDAVIT
Diary No(s). 39857/2024 (PIL-W)
3
Date : 16-01-2025 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
HON'BLE MR. JUSTICE K. VINOD CHANDRAN
For Petitioner(s) :
Mr. K. Parameshwar, Sr. Adv. (A.C.)
Ms. Kanti, Adv.
Ms. Shreenivas Patil, Adv.
Ms. Chitransha Singh Sikarwar, Adv.
Ms. Mukunda, Adv.
Ms. Raji Gururas, Adv.
Mr. Chinmay Kalgaonkar, Adv.
Mr. Akshay Mann, Adv.
Mr. Mukesh Kumar, AOR
Mr. Mukesh Verma, Adv.
Mr. Shashank Singh, AOR
Mr. Chanchal Kumar Ganguli, AOR
M/S. Plr Chambers And Co., AOR
Mr. Syed Mehdi Imam, AOR
Mr. T. Harish Kumar, AOR
Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Dhruv Mehta, Sr. Adv.
Mr. Yashraj Singh Deora, Sr. Adv.
Mr. Priyesh Mohan Srivastava, Adv.
Ms. Sonal K Chopra, Adv.
Ms. Anupama Dhurve, Adv.
M/S. Mitter & Mitter Co., AOR
M/S. Lawyer S Knit & Co, AOR
For Respondent(s) :
Mr. Gurmeet Singh Makker, AOR
Mr. Nishant Ramakantrao Katneshwarkar, AOR
Mr. Shrirang Katneshwarkar,adv., Adv.
Mr. Rahul Kumar Adv., Adv.
Mr. Gaichangpou Gangmei, AOR
Mr. Raj Kishor Choudhary, AOR
Mr. Shakeel Ahmed, Adv.
Ms. Pratibha Singh, Adv.
Mr. Himanshu Gupta, Adv.
4
Mr. Shuvodeep Roy, AOR
Mr. Deepayan Dutta, Adv.
Mr. Saurabh Tripathi, Adv.
Mr. Rakesh K. Sharma, AOR
Ms. S. Janani, AOR
M/S. Arputham Aruna And Co, AOR
Mrs. Nandini Gore, AOR
Mr. Raj Kumar Mehta, AOR
Ms. Madhu Moolchandani, AOR
Ms. Pratibha Jain, AOR
Mr. Tejaswi Kumar Pradhan, AOR
Mrs. Kanchan Kaur Dhodi, AOR
Mr. Surya Kant, AOR
Mr. E. C. Vidya Sagar, AOR
M/S. M. V. Kini & Associates, AOR
Ms. Sharmila Upadhyay, AOR
Mr. Gopala Binnu Kumar, Adv.
Mr. Prakash Kumar Singh, Adv.
Mr. Rohit Singh, Adv.
Mr. Rajeev Singh, AOR
Mr. Prashant Kumar, AOR
Mr. Dharmendra Kumar Sinha, AOR
Mr. P. Parmeswaran, AOR
Ms. Sujata Kurdukar, AOR
Mrs. B. Sunita Rao, AOR
Mr. Kamal Mohan Gupta, AOR
Mr. Sudarsh Menon, AOR
Mr. Ramesh Babu M. R., AOR
Mr. Vikrant Singh Bais, AOR
Mr. Shiva Pujan Singh, AOR
Ms. Nina Niraman, Adv.
Mr. Tahira Karanjawala, Adv.
Mr. Arjun Sharma, Adv.
Mr. Shreyas Maheshwari, Adv.
Mr. Sharanya Ghosh, Adv.
Mr. Sarah Ayreen Mir, Adv.
Mr. Samarth Suri, Adv.
Mr. Rytim Vohra, Adv.
Mrs. Manik Karanjawala, AOR
Mr. Bhavanishankar V.gadnis, Adv.
Mr. A. Venayagam Balan, AOR
Mr. Vishwanath Gadnis, Adv.
Mr. Ejaz Maqbool, AOR
Mr. Rajesh, AOR
M/S. Corporate Law Group, AOR
5
Mr. Lakshmi Raman Singh, AOR
Ms. Charu Mathur, AOR
Mr. Rajiv Mehta, AOR
Mr. C. L. Sahu, AOR
Ms. Sumita Hazarika, AOR
Ms. Abha R. Sharma, AOR
Mr. Abhishek Chaudhary, AOR
Ms. K. V. Bharathi Upadhyaya, AOR
Mr. Sufyan Hasan, Adv.
Ms. Hema Malik, Adv.
Dr. Poornima, Adv.
Mr. T. N. Singh, AOR
Mr. T. V. George, AOR
Mr. Krishnanand Pandeya, AOR
Mr. Neeraj Shekhar, AOR
Ms. Asha Gopalan Nair, AOR
Mr. Rajesh Singh, AOR
Mr. B V Deepak, AOR
Mr. Gopal Singh, AOR
Mr. Punit Dutt Tyagi, AOR
Mr. Rathin Das, AOR
Mr. Ratan Kumar Choudhuri, AOR
Mr. Sudhir Kulshreshtha, AOR
Mr. Himanshu Shekhar, AOR
Mr. Parth Shekhar, Adv.
Mr. Shubham Singh, Adv.
Mr. Mukesh Kumar Verma, Adv.
Mr. Mata Prasad Pathak, Adv.
Mr. Mheshwaram Yadava Reddy, Adv.
Mr. Ugranath Kumar, Adv.
Mr. Rajat Sinha Roy, Adv.
Mr. Rajiv Ranjan, Adv.
Mr. Anand Kumar Chaudhary, Adv.
Ms. Ambali Vedasen, Adv.
Ms. Shalini Satyanarayan, Adv.
Mr. Dr Ratipal Singh Tanwar, Adv.
Mr. Darshan Chandrakant Siddarkar, Adv.
Mr. Santosh Kumar, Adv.
Mrs. Rekha Pandey, AOR
Mr. Mohd. Irshad Hanif, AOR
Ms. Rifat Ara Butt, Adv.
Mr. Sudhir Kumar Gupta, AOR
Mr. A. N. Arora, AOR
Mr. Irshad Ahmad, AOR
Mr. G. Prakash, AOR
Mr. E. M. S. Anam, AOR
6
Ms. Hemantika Wahi, AOR
Mr. Pradeep Kumar Bakshi, AOR
Mr. P. V. Yogeswaran, AOR
Mr. Jitendra Mohan Sharma, AOR
Ms. Malini Poduval, AOR
Ms. C. K. Sucharita, AOR
Ms. Binu Tamta, AOR
Ms. Sushma Suri, AOR
Mr. K. L. Janjani, AOR
Mr. Naresh K. Sharma, AOR
Ms. A. Sumathi, AOR
Mr. Jai Prakash Pandey, AOR
Mrs. Anjani Aiyagari, AOR
Mrs. Bina Gupta, AOR
Mrs. Rani Chhabra, AOR
Ms. Divya Roy, AOR
Mr. Tarun Johri, AOR
Mr. Radha Shyam Jena, AOR
Mr. Ajit Pudussery, AOR
Mr. Shibashish Misra, AOR
M/S. Parekh & Co., AOR
M/S. K J John And Co, AOR
Mr. Amarjit Singh Bedi, Adv.
Ms. Surekha Raman, Adv.
Mr. Shreyash Kumar, Adv.
Mr. Imilikaba Jamir, Adv.
Mr. V. Balachandran, AOR
Mr. S. C. Birla, AOR
Mr. Ram Swarup Sharma, AOR
Mr. K. V. Vijayakumar, AOR
Mr. Umesh Bhagwat, AOR
Mrs. M. Qamaruddin, AOR
Mr. H. S. Parihar, AOR
Ms. Baby Krishnan, AOR
Mr. P. R. Ramasesh, AOR
Mr. Devadatt Kamat, Sr. Adv.
Mr. Guntur Pramod Kumar, AOR
Ms. Prerna Singh, Adv.
Mr. Dhruv Yadav, Adv.
Mr. Revanta Solanki, Adv.
Mr. Ashok Mathur, AOR
Mr. P. N. Gupta, AOR
Mr. Sarad Kumar Singhania, AOR
Mr. E. C. Agrawala, AOR
Mr. Kuldip Singh, AOR
Ms. Bina Madhavan, AOR
Mr. T. Mahipal, AOR
Mr. Rajat Joseph, AOR
7
Mr. Gopal Prasad, AOR
Ms. Jyoti Mendiratta, AOR
Mr. S.. Udaya Kumar Sagar, AOR
Mr. Ranjan Mukherjee, AOR
Mr. M. Yogesh Kanna, AOR
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aniruddha Joshi, Sr. Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Ms. Aditya Krishna, Adv.
Ms. Preet S. Phanse, Adv.
Mr. Adarsh Dubey, Adv.
Mr. Vikash Singh, AOR
Ms. Vanshaja Shukla, AOR
Mr. Chirag M. Shroff, AOR
Ms. Mayuri Raghuvanshi, AOR
Mr. Vivek Jain, AOR
Mr. Sudeep Kumar, AOR
Ms. Rani Mishra, AOR
Mr. Sameer Abhyankar, AOR
Mr. Rahul Kumar, Adv.
Mr. Aryan Srivastava, Adv.
Mr. Ashutosh Kumar Sharma, AOR
Mr. Ajay Agarwal, A.A.G.
Mr. Rajeev Kumar Dubey, Adv.
Mr. Ashiwan Mishra, Adv.
Mr. Kamlendra Mishra, AOR
Mr. Somesh Chandra Jha, AOR
Ms. Ruchira Goel, AOR
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aniruddha Joshi, Sr. Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Ms. Aditya Krishna, Adv.
Ms. Preet S. Phanse, Adv.
Mr. Adarsh Dubey, Adv.
Mr. Parth Awasthi, Adv.
Mr. Pashupathi Nath Razdan, AOR
Mr. Tarun Gupta, AOR
Mr. Shovan Mishra, AOR
8
Mr. Arun K. Sinha, AOR
Mr. P. S. Sudheer, AOR
Mr. Sunny Choudhary, AOR
Mr. Siddhartha Jha, AOR
Mr. Naved Anwar, Adv.
Mr. Vaibhav Sharma, Adv.
Mr. Satyam Srivastava, Adv.
Mr. Vishvajeet Vijaykumar Shinde, Adv.
Dr. N.b.v Srinivasa Reddy, Adv.
Mr. Pradeep Kumar Kar, Adv.
Mr. Amar Shankar, Adv.
Mr. Vishal Tiwari, Adv.
M/S. V. Maheshwari & Co., AOR
Mr. Mayank Aggarwal, AOR
Mr. Pradeep Kumar Aggarwal, Adv.
Mr. Sanjeev Kumar, AOR
Mr. Abhishek Pandey, Adv.
Mr. Prashant Kumar Umrao, AOR
Mr. Omanakuttan K. K., AOR
Mr. Siddharth Dave, Sr. Adv.
Mr. Naveen Kumar, AOR
Mr. P. K. Manohar, AOR
Mr. Vinod Sharma, AOR
Ms. Surbhi Mehta, AOR
Mr. Gopala Binnu Kumar, Adv.
Mr. Prakash Kumar Singh, Adv.
Mr. Rohit Singh, Adv.
Mr. Rajeev Singh, AOR
Ms. Parul Shukla, AOR
Ms. Dr. Monika Gusain, Sr. Adv.
Mr. Akshay Amritanshu, AOR
Ms. S. Harini, Adv.
Ms. Drishti Saraf, Adv.
Ms. Pragya Upadhyay, Adv.
Mr. Shekhar Naphade, Sr. Adv.
Mr. Chinmoy Khaladkar, Adv.
Mr. B. K. Pal, AOR
Mr. James P. Thomas, AOR
Mr. S. Gowthaman, AOR
Mr. A. Karthik, AOR
9
Mr. Rajiv Kumar Choudhry , AOR
Mr. Anurag Tandon, AOR
Mr. Samir Ali Khan, AOR
Mr. Pranjal Sharma, Adv.
Mr. Abhimanyu Jhamba, Adv.
Mr. Shishir Deshpande, AOR
Ms. Shalini Kaul, AOR
Mr. Sunil Kumar Sharma, AOR
Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.
Ms. Neha Singh, Adv.
Ms. Sneha Menon, Adv.
Mr. Siddharth Sharma, AOR
Mrs. Aishwrya Bhati, A.S.G.
Mrs. Archana Pathak Dave, A.S.G.
Mr. Raj Bahadur Yadav, AOR
Mrs. Ruchi Kohli, Adv.
Mr. Uday Prakash Yadav, Adv.
Mr. Suhasini Sen, Adv.
Mr. S S Rebello, Adv.
Mr. Shyam Gopal, Adv.
Mr. Raghav Sharma, Adv.
Mr. Sughosh Subramanium, Adv.
Ms. K. Enatoli Sema, AOR
Ms. Limayinla Jamir, Adv.
Mr. Amit Kumar Singh, Adv.
Ms. Chublemla Chang, Adv.
Mr. Prang Newmai, Adv.
Mr. Anant Mann, AOR
Mr. Shubhranshu Padhi, AOR
Mr. Nishe Rajen Shonker, AOR
Mr. Alim Anvar, Adv.
Ms. Anu K Hoy, Adv.
Mr. Nishit Agrawal, AOR
Mr. Krishna Ballabh Thakur, AOR
Ms. Aruna Gupta, AOR
Applicant-in-person, AOR
Mr. Himinder Lal, AOR
Mr. Yashraj Singh Deora, SR. Adv.
10
Mr. Priyesh Mohan Srivastava, Adv.
Ms. Sonal K. Chopra, Adv.
Mrs. Pragya Baghel, AOR
Ms. Deepanwita Priyanka, AOR
Mr. Raghvendra Kumar, AOR
Mr. Sravan Kumar Karanam, AOR
Mr. Aniket Singh, Adv.
Mr. Saurabh Rajpal, AOR
Ms. Anne Mathew, AOR
Mr. Gopal Balwant Sathe, AOR
Mr. Sarvam Ritam Khare, AOR
Mr. Kushagra Sharma, Adv.
Mr. Anuj Agarwal, Adv.
Ms. Aishwarya Bhati, A.S.G.
Mr. K. M. Nataraj Ld. Asg, A.S.G.
Mr. Shreekant Neelappa Terdal, AOR
Mr. Shyam Gopal, Adv.
Mr. Salvador Santosh Rebello, Adv.
Ms. Suhasini Sen, Adv.
Mr. Raghav Sharma, Adv.
Ms. Ruchi Kohli, Adv.
Mr. Harish Pandey, Adv.
Ms. Indira Bhakar, Adv.
Mr. Anuj Srinivas Udupa, Adv.
Mr. Krishna Kant Dubey, Adv.
Mr. Piyush Beriwal, Adv.
Mr. Neeraj Kumar Sharma, Adv.
Ms. Mrinal Elker Mazumdar, Adv.
Mr. Shashwat Parihar, Adv.
Mr. Mukesh K Verma, Adv.
Mr. Vinayak Sharma, Adv.
Mr. Shagun Thakur, Adv.
Ms. Aditi Mishra, Adv.
Mr. G.S. Makker, Adv.
Ms. Sunieta Ojha, AOR
Mr. Dinesh Chandra Pandey, AOR
Mr. Shrey Kapoor , AOR
Mr Rahul Jain, AOR
Mr. Kaushik Choudhury, AOR
Mr. Aravindh S., AOR
Mr. Akshay Gupta, Adv.
Mr. Aadithya Aravindh, Adv.
Mrs. Kirti Renu Mishra, AOR
11
Mr. Atul Sharma, AOR
Mr. Anirudh Sanganeria, AOR
Mr. Chinmay Deshpande, Adv.
Mr. Subhasish Mohanty, AOR
Ms. Pallavi Langar, AOR
Mr. Abhishek Atrey, AOR
Dr. Abhishek Atrey, Adv.
Ms. Ishita Bist, Adv.
Ms. Ambika Atrey, Adv.
Ms. Mrinal Gopal Elker, AOR
Mr. Dhaval Mehrotra, AOR
Mr. Ravindra Kumar, Sr. Adv.
Mr. Binay Kumar Das, AOR
Ms. Priyanka Das, Adv.
Ms. Neha Das, Adv.
Mr. Shivam Saxena, Adv.
Ms. Lakshmi N. Kaimal, AOR
Ms. Nidhi Jaswal, AOR
Mr. Shiv Mangal Sharma, A.A.G.
Mr. Saurabh Rajpal, Adv.
Ms. Ankita Sharma, AOR
Mr. Arjun D. Singh, Adv.
Mr. Naveen Kumar, AOR
Mr. V. N. Raghupathy, AOR
M/S. D.s.k. Legal, AOR
Ms. Shibani Ghosh, AOR
Mr. Chandra Bhushan Prasad, AOR
Ms. Manika Tripathy, AOR
Mr. Sunil Kumar Verma, AOR
M/S. Cyril Amarchand Mangaldas Aor, AOR
Mr. Sandeep Kumar Jha, AOR
Mr. Shiv Mangal Sharma, A.A.G.
Ms. Nidhi Jaswal, Adv.
Mr. Saurabh Rajpal, Adv.
Mr. Shiv Mangal Sharma, A.A.G.
Mr. Milind Kumar, AOR
12
Mr. Mohit Paul, AOR
Ms. Rashmi Nandakumar, AOR
Ms. Saroj Tripathi, AOR
Mr. D.kumanan, AOR
Ms. Adarsh Nain, AOR
Mr. Devadatt Kamat, Sr. Adv.
Mr. Guntur Pramod Kumar, AOR
Ms. Prerna Singh, Adv.
Mr. Dhruv Yadav, Adv.
Mr. Revanta Solanki, Adv.
Mr. Amrish Kumar, AOR
Ms. Purnima Krishna, AOR
Ms. Aishwarya Bhati, A.S.G.
Mrs. Archna Pathak Dave, A.S.G.
Mrs. Ruchi Kohli, Sr. Adv.
Mr. Mukesh Kumar Maroria, AOR
Ms. Suhasini Sen, Adv.
Mr. S.s. Rebello, Adv.
Mr. Shyam Gopal, Adv.
Mr. Raghav Sharma, Adv.
Mr. Gaurang Bhushan, Adv.
Mr. Jagdish Chandra Solanki, Adv.
Dr. Surender Singh Hooda, AOR
Mr. Aldanish Rein, AOR
Ms. Seita Vaidyalingam, AOR
Mr. Anando Mukherjee, AOR
Ms. Anzu. K. Varkey, AOR
Mr. Shreyas Awasthi, Adv.
Ms. Astha Sharma, AOR
Ms. Muskan Surana, Adv.
Mr. T. R. B. Sivakumar, AOR
Mr. Shreyas Gacche, Adv.
Mr. Sujit Kumar Mishra , AOR
Mr. Avijit Mani Tripathi, AOR
Mr. T.k. Nayak, Adv.
Mr. Daniel Lyngdoh, Adv.
Nishanth Patil, AOR
M/S. Venkat Palwai Law Associates, AOR
Mr. Ajay Marwah, AOR
13
Mr. Ravindra S. Garia, AOR
Mr. Gurminder Singh Ag, Sr. Adv.
Mr. Karan Sharma, AOR
Ms. Sugandha Anand , AOR
Mr. Pukhrambam Ramesh Kumar, AOR
Mr. Karun Sharma, Adv.
Ms. Anupama Ngangom, Adv.
Ms. Rajkumari Divyasana, Adv.
UPON hearing the counsel the Court made the following
O R D E R
[ 1 ] CONTEMPT PETITION (C) …..@ DIARY NO.38053/2024
1. The present petition has been filed alleging contempt of the
order of this Court dated 05.10.2015. It is the contention of the
petitioner(s) that in pursuance to the order passed by this Court,
Respondents No.1 and 2 were bound to consider the application made
by the applicant(s) for the grant of licence to run saw mill. It
is submitted that in spite of such an application being made, the
same is not decided.
2. The order of this Court dated 05.10.2015 provides a mechanism
as to how the application for grant of licence to the wood based
industries would be considered by the State Level Committee. The
said order also provides as to what remedy will be available to a
person who is aggrieved by the order of the State Level Committee.
3. In that view of the matter, we are not inclined to entertain
this petition. The same is rejected relegating the applicant(s) to
take recourse to the remedy available to them by law.
4. The contempt petition is accordingly dispose of.
5. Pending application(s), if any, shall stand disposed of.
14
[2] I.A. NO.41723/2022
1. In the present matter this Court had directed the Ministry of
Environment, Forest and Climate Change (MoEF&CC), Government of
India and the Forest Department to constitute a Committee for Oran
identification in the State of Rajasthan.
2. Accordingly, the State of Rajasthan has recommended
constitution of the Expert Committee, as under:-
“i. Chairman – Hon’ble Justice (Retd.) Dalip
Singh, Former Judge of the High Court of
Rajasthan.
ii. Domain Expert – Shri M.R. Baloch, IFS
(Retd.), PCCF & Former Director, AFRI, Jodhpur
iii. Chief Conservator of Forests, (Forest
Dettlement & Work Planning), Jaipur
iv. Settlement Commissioner, Land Settlement
Department, Rajasthan.”
3. The said proposal is also recommended to the MoEF&CC on
08.01.2024.
4. It will be appropriate that the MoEF&CC addresses the issue at
the earliest and takes a final decision with regard to the
constitution of the Expert Committee.
5. We direct MoEF&CC to take a decision prior to 19.03.2025 and
report compliance to this Court.
6. List on 19,.03.2025.
15
[3] I.A. NOS.20650/23, 75033/23 & 199355/24
1. Mr. J.S. Attri, learned counsel appearing for the State of
Uttrakhand states that the departmental proceedings against the
delinquent officers, which were involved in the illicit felling of
trees and illegal construction of structures in Corbett Tiger
Reserve, has substantially progressed.
2. He seeks some time to file a detailed affidavit.
3. Time as prayed for is granted. The said detailed affidavit be
filed on or before 17.03.2025. In the affidavit the State shall
also mention about the stage of the proceedings against those
delinquent officers.
4. List on 19.03.2025.
5. In the meantime, the CBI shall also file a report of the
further investigation carried out by it.
[ 4 ] CONTEMPT PETITION (C) DIARY NO. 39857 OF 2024
1. Vide order dated 10.04.2006, this Court, in the present
proceedings, has passed following order:
“A. Initiate the contempt of court proceedings under
Section 12 of the Contempt of Court Act, 1971 against
the contemnors for having deliberately disobeyed the
judgement and order dated 10.04.2006 in W.P. (C) No.
202 of 1995, T N Godavarman Thirumalpad (99) v Union
of India, (2006) 5 SCC 47 passed by this Hon’ble Court.
B. Direct the Respondent-Contemnor to implement the
directions passed by this Hon’ble Court and remove the
illegal encroachments in the Kolleru Lake.
C. Pass any other order(s) as this Hon’ble Court may
deem fit and proper in the facts and circumstances of
the present case and in the interest of justice.”
16
2. The present proceedings are filed alleging contempt of the
aforesaid directions issued by this Court.
3. In the affidavit filed on behalf of the State Government it is
stated that though the State is taking sincere steps for
implementing the directions, on account of certain difficulties it
is not possible to completely implement the said directions. One
of the grounds stated is that the local fishermen are obstructing
in implementation of the aforesaid directions.
4. We have heard Mr. Devadatt Kamat, learned senior counsel
appearing for the State.
5. The perusal of the information given under the Rights to
Information Act, 2005, the contempt petitioner on 09.09.2021 would
reveal that an area of over 15051.39 acres of Kolleru Wildlife
Sanctuary is under control encroachment.
6. Though the Kolleru Lake expands to 901 sq. km., only an area
of 308.55 sq. km. has been notified as a Wildlife Sanctuary.
7. The information given under the Right to Information Act, 2005
to the contempt petitioner on 08.06.2024 would reveal that an area
of 6908.48 hectares is under illegal Aquaculture in the Kolleru
Wildlife Sanctuary.
8. It is to be noted that under Rule 5 of the Wetland
(Conservation and Management) Rules, 2017 (hereinafter referred to
“2017 Rules”), the Central Government is bound to constitute a
State Wetland’s Authorities in each State.
9. We are informed by Mr. K. Parameshwar, learned Amicus Curiae
as well as Mr. Devadatt Kamat, learned senior counsel appearing
for the State that such committees/authorities have already been
17
constituted. However, the question is as to whether the said
committees/authorities are functioning and meeting at least thrice
in a year or not as required under the mandate of clauses (7) and
(8) of the Rule 5 of 2017 Rules.
10. Another aspect that requires consideration is with regard to
the demarcation of the wetland boundaries supported by accurate
digital maps with coordinates and validated by ground truthing.
11. It is informed to us that the said work is under progress. It
is further informed that vide order dated 11.12.2024, a Coordinate
Bench of this Court had already directed the said work to be
completed within a period of three weeks from the date of the said
order.
12. We find that the insofar as reason given by the State with
regard to the opposition by local fishermen is concerned, the same
is without merit.
13. It will be relevant to refer the following observations of
this Court in its order dated 10.04.2006, which reads as under:
“…We are informed that in the previous year on account
of these bunds/fish tanks free flow of water into the sea
was blocked for 40 days. In any event, the rights of
those fishermen surviving on a traditional method of
fishing have not been taken away, they have been duly
protected. Only those who had illegally constructed bunds
and who were using harmful manures have been prevented
from doing so by reason of the said Notification. The
State government has fulfilled its obligation by issuing
such Notification. When the rights of the fishermen to do
fishing by traditional methods have not been taken away,
and when the material placed on record before us shows
that there is obstruction to the free flow of water in
the lake bed area due to raising of bunds whereby the
retention capacity of the lake is diminished, the
government is right in regulating the rights under the
said Notification. If such encroachments are not removed
immediately the right of the farmers in the upstream
mandals to do cultivation would be in jeopardy,
18consequently, it is their right to live guaranteed under
Article 21 of the Constitution which is violated.”
14. It could thus be seen that the directions issued by this Court
do not, in any way, effect the rights of those fishermen surviving
on a traditional method of fishing. It is clear that even under
the notification issued by the State Government under Section 26A
of the Wildlife Protection Act, 1972, the rights of such fishermen
have duly been protected. It is only those who had illegally
constructed bunds and who were using harmful manures have been
prevented from doing so by the said Notification.
15. It was further found from the material placed on record before
this Court that there is obstruction to the free flow of water in
the lake bed area due to raising of bunds, whereby the retention
capacity of the lake is diminished. The Court has further found
that on account of such encroachments, the right of the farmers in
the upstream mandals to do cultivation would also be in jeopardy.
16. It could further be seen that the Court has specifically
rejected the objections of the objectors that they have made huge
investments over the years and that they were permitted to put up
bunds under permission given by the Collector.
17. The Court further found that Section 29 of the Wildlife
Protection Act, 1972 specifically prohibits the commercial
activities inside the Sanctuary and the commercial activity which
diverts, stops or increases the flow of water into or outside the
sanctuary is strictly prohibited.
18. It could thus be seen that the Notification of the State
Government as well as the direction of this Court do not, in any
19
way, come in the way of fishing rights of the fishermen, who were
doing fishing in a traditional way. What is prohibited, is only the
huge commercial aquaculture which prohibit the free flow of water and
endangers the status of the wildlife.
19. The contempt petition further alleges that though Rule 4 of
the 2017 Rules, inter alia, strictly prohibits the use of Wetlands
for conversion for non-wetland uses, solid waste dumping and
discharge of untreated wastes and effluents from industries,
cities, towns, villages and other human settlements and mandates
the wetland shall be conserved and managed in accordance with the
principle of wise use, the provisions of the said rule are followed
in breach. The photographs have been placed on record to show that
the land in question is not only being encroached but is also used
for solid waste dumping and allegations have also been made that
the discharge of untreated wastes and effluents from industries,
cities, towns, villages and other human settlements development is
permitted in Kolleru Lake.
20. In that view of the matter, we are of the opinion that the
State ought to have had a dialogue with the opposing farmers and
educated them that neither the Government Notification nor the
directions of this Court would cause any hindrance in their
continuing with their traditional fishing activities.
21. In any case, when such an activity is prohibited by a statute,
the same cannot be permitted. If necessary, the State will have to
deal with such a situation with an iron hand.
22. We, therefore, expect the State to complete the demarcation
20
and truthing as observed by the Coordinate Bench of this Court
within the time specified therein.
23. We also expect the State inform us on the next date of hearing
as to what concrete steps, it proposes to take for removal of
unauthorized encroachment in the Kolleru Wildlife Sanctuary.
24. List on 19.03.2024.
[ 5 ] IA No. 268213 of 2024 and 268214 of 2024
1. It is the contention of the applicants that those who were
allotted lands in the year 2003 are now sought to be evicted on the
basis of the order passed by this Court on 07.05.2002.
2. It is their further contention that land allotted to the
applicants is not on a forest land and the allotment of land to
them is in accordance with the policy of Andaman & Nicobar
Administration.
3. Prima facie, we find that the order of this Court dated
07.05.2002 is with regard to the forest land and would not be
applicable to any other land allotted for any other purposes if it
is not a forest land.
4. Learned counsel appearing for the Andaman and Nicobar
Administration seeks time to take instructions.
5. List on 19.02.2025
[ 6 (iv)] I.A. Nos. 2771-2772 OF 2009 WITH I.A. NOS. 172553 AND
172555 OF 2024 WITH I.A. NO. 177996 OF 2024 AND [ v ] I.A.Nos.
111725 AND 154041 OF 2018 in I.A. Nos. 2771-2772/2009]
1. It is informed by Shri Nishant R. Katneshwarkar, learned
counsel appearing for the State that the directions issued by this
Court on 09.09.2024 stand duly complied with and compliance
21
affidavit in that regard is also placed on record.
2. Shri Yashraj Deora, learned senior counsel appearing for the
applicant does not not dispute that position.
3. Hence, these applications are disposed of as having served
their purpose.
[ 6 ] (i) I. A. No. 2079 OF 2007 [ ii ] I.A Nos. 2301-2302 OF 2008
AND [ iii ] I.A. Nos. 3044-3045 OF 2011 AND [ vi ] I.A. NO. 254946
OF 2023 in I.A. No. 2301-2302/2007 WITH I.A. NO. 39711 OF 2024 in
I.A. No. 254946/2023 AND WRIT PETITION(C)NO. 301 OF 2008 WITH I.A.
NO. 9108 OF 2024
1. Heard in part.
2. For further arguments, list these matters/applications on
22.01.2025.
[7] I.A. NOS.79569, 79576 OF 2019 ETC.
List on 19.02.2025.
[ 8 ] I. A. Nos. 118236 AND 129623 OF 2020 IN I. A. NO. 502 AND
I.A. No. 69399 OF 2021 AND I.A. No. 144539 OF 2021 IN I.A. NO.
179389/2018 AND I.A. No. 13413 OF 2023 [CEC REPORT NO. 2/2023), CEC
IN I.A. NO. 179389/2018] AND I.A. No. 217138 OF 2024
List on 19.02.2025.
IA Diary Nos. 14852, 14853, 14936 of 2025
List on 22.01.2025.
(DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
[ad_1]
Source link