IN THE HON’BLE SUPREME COURT , NEW DELHI W.P. NO. 202/95 & W.P. NO. 171/96

Petitioner                  -            M/S INDIAN ENTERPRISES, NAGPUR

                                                 V/s

Respondent             -            M.P.S.E.B. & OTHERS

GIST OF THE CASE-

 

            STATEMENT OF STATUS

 

 Name of Court

Central Empowered Committee, New Delhi. (Constituted by Supreme Court)

Writ Petition

No. 202/95 and 171/96 (Supreme Court Case)

I.A. No.

344/2004

In the matter of

T.N. Godavarman Thrumulkapd (Petitioner) V/S UOI & Others (Respondents)

And in the matter of

M/s Indian Enterprises V/S Chairman Cum Managing Director, Western Coalfields Ltd. & Another (Respondent)

MPSEB Status

Respondent No. 5

Grounds taken by applicant while involving MPEB:-

                         That the MPEB was well aware about section 1.7 (i) of rules and guidelines of Forest Conservation Act 1980, that lease or sublease of Forest Land, land is not permitted without prior approval of forest along with MPEB issued NOC of 5.534 hectare to the WCL on 10-10-1995.

Brief History of the Matter:-

                         The State Government has accorded sanction to transfer of an area of 4695.83 Acres of forest land near Sarni forest village in North Betul division to the MPEB for the construction of Thermal Power Station.  Notice this effect was published in M.P. Govt. Gazette dated 05-01-1968.

                         Out of the said land, the Board has issued No Objection Certificates for two pieces of adjoining land tabulated as under to M/s WCL, Nagpur on their request for development of their mining activities. 

 

SL.

NO.

Board’s order No. & Date

Land Area

Compat. No.

01

886    dated 11-02-1992

  4.656 Ha

385,386

02

1442 dated 10-10-1995

  5.534 Ha

385,386

 

TOTAL

10.190 Ha

 

                                WCL, Nagpur awarded work of construction of residential quarters on the aforesaid land to M/s Indian Enterprises, Nagpur on 26-04-1996.  But the said work was stopped by the forest department stating that the work cannot be commenced without approval of forest authorities.

 Present Status of the Case:-

                        The case was heard on 15-09-2004.  The reply in favour of Board has been submitted by Shri Satish Agnihotri, the Counselor.  After hearing, the matter has been adjourned on the request of the petitioner for filing its response.