21.12.caw.886.11 1/8 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO. 886/2011 AND CIVIL APPLICATION NO. 2435/2011 IN WRIT PETITION NO. 1277/2000 (Sou. Shobha Phadanvis vs. State of Maharashtra and others) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. Badar, Adv.for applicant in C.A.No. 886/2011 Mr. Mehadia, Adv.for applicant in C.A.No.2435/2011 Mr. P.C.Madkholkar, Amicus curiae. Mrs. Bharati Dangre, Additional Govt. Pleader for Respondent- State CORAM : D.D.SINHA & A.P.BHANGALE, JJ DATED : 21st December, 2011. PER COURT: Heard. 2. Civil Application No.886/2011 is filed by the Forests Department, seeking permission to establish Maharashtra Forestry Training Centre ( henceforth “the Centre” in short ) at village Kundal, Tah. Palus, District Sangli. At the outset, Mr. P.C. Madkholkar, learned Amicus curiae has brought to our notice that on earlier occasion, this Court had passed an order on the same 21.12.caw.886.11 2/8 application dated 9th September, 2011, directing the respondents 1 to 3 to file an appropriate additional affidavit pointing out the exact nature of activity proposed to be undertaken by the Forests Department and also whether any staff will be permanently stationed within the said area. Similarly, the State of Maharashtra was also directed to apprise this Court whether the land for establishing the Centre can be made available at the outskirts beyond the distance of 10 kms. from the boundary of the sanctuary 3. Mr. Badar, learned counsel for the Forests Department has submitted that pursuant to the order dated 9th September, 2011 requisite affidavit dated 2nd November, 2011 was filed on record. In paragraph 8 of the said affidavit, it is mentioned that the Revenue Officers have visited several villages and Sub-Divisional officer, Sangli, contacted Tahsildar, Islampur, Palus, Tasgaon, Kadegaon and Vita and obtained information about the following 13 villages which are beyond 10 kms. from the boundary of the sanctuary, which are : Sr.No Name of the village Taluka 1 Sakharale Walva 2 Walva Walva 3 Yewalewadi Walva 4 Nagthane Palus 21.12.caw.886.11 3/8 5 Morale Palus 6 Aamnapur Palus 7 Bambwade Tasgaon 8 Nimblak Tasgaon 9 Chikhalgaothan Tasgaon 10 Bhalwani Khanapur 11 Shivani Khanapur 12 Hingaongaon Kadegaon 13 Kotawade Kadegaon It is submitted that the Sub-Divisional Officer found that there is no suitable Gayran/ revenue waste land available for establishing the centre. 4. Mr. Badar, learned counsel has submitted that the communication dated 10.3.2011 issued by the Ministry of Environment and Forests addressed to Principal Secretary, Government of Maharashtra, Revenue and Forests Department, Mantralaya, Mumbai which is annexed with the Civil Application as Annexure “E”, clearly shows that the Central Government agreed in principle for diversion of 4.396 hectare of unclassed forests land for establishment of Centre at Kundal, Tq.Palus in favour of Sub-Divisional Forests Officer, Sangli District on certain conditions mentioned therein. Mr. Badar also brought to our notice the communication dated 21.4.2010 21.12.caw.886.11 4/8 issued by the Ministry of Environment & Forests addressed to the Member-Secretary of the Government of Maharashtra, Revenue & Forests Department, Mantralaya, Mumbai. The relevant portion of the communication reads thus :- “ Therefore, the undersigned hereby conveys formal approval of the Central Government under section 2 of the Forests (Conservation ) Act, 1980 for diversion of 4.396 hectare unclassed forests land for establishment of the Maharashtra Forestry Training Centre, at Kudal, Tq. Palus, in favour of Sub-Divisional Forests Officer in Sangli District, subject to certain terms and conditions :- (1) The legal status of the land shall remain unchallenged. (2) Compensatory afforestation shall be taken up over 8.792 hectare suitable degraded forest land at the cost of Project Authority within two years from the date of sanction of the approval. (3) As the project area is falling within 10 km. of the boundary of the Projected area viz. Sagreshwar Wildlife Sanctuary the Project Authority will seek approval of this Court in view of Writ Petition No.1277/2000 before transfer of land takes place. (4) As the proposed area is within 10 km of the Protected area, the Project Authority shall 21.12.caw.886.11 5/8 obtain a no objection certificate from the Chief Wildife Warden, Maharashtra State, Nagpur regarding the proposal. (5) All other conditions under different rules, regulations and guidelines including environmental clearance and the Scheduled Tribes and other Traditional Forest Dwellers ( Recognition of Forest Rights ) Act, 2006 shall be complied with before transfer of forest land. (6) The forests land shall not be used for any purpose other than that is specified in the Project proposal.” 5. Mr.Badar, learned counsel for Forests Department has submitted that the condition Nos. (1) to (4) and (6) have been complied with and so far as Condition No (5) is concerned, the same would also be complied with soon. It is submitted that in view of Condition No. (3) the Forests Department has filed the present Civil Application No.886/2011 for grant of permission to establish the Centre at Kudal. It is, therefore, prayed that the requisite permission to establish the Centre may kindly be granted. 6. Mrs.Bharati Dangre, learned Additional Government Pleader has not disputed the communications refereed to above 21.12.caw.886.11 6/8 addressed to the Principal Secretary, Government of Maharashtra Revenue ad Forests Department, Mantralaya. It is also not disputed that the Ministry of Environment and Forests has in principle granted sanction/approval for establishment of the Centre subject to certain conditions and it is only on fulfillment of such conditions by the Forests Department, permission as regards transfer of land is to be given and further steps are required to be taken as early as possible. 7. We have considered the contentions canvassed and also taken into consideration the above-referred undisputed facts placed before us. It is no doubt true that in view of the order of this Court dated 27th April,2005 passed in the present Writ Petition, this Court has made it clear that in case where the State Government has got clearance to carry out the non-forest activity from the Ministry of Environment and Forest, they can bring that fact to the notice of this Court and proceed in accordance with the working plan sanctioned by the Central Government. It is in view of this observations made by this Court in the order dated 27th April,2005, the Forests Department after obtaining requisite clearance from the Ministry of Environment and Forest for establishment of the Centre at Kudal, filed the Civil Application No.886/20010 for necessary 21.12.caw.886.11 7/8 permission from this Court. 8. It is evident that the Ministry of Environment and Forests granted permission to establish the Centre on certain terms and conditions which is evident from the communication issued by the Ministry of Environment and Forests addressed to the Principal Secretary, Revenue and Forests Department, Mantralaya, Mumbai as referred to herein-above. Mr. Badar has also made a categorical statement that all the conditions which are required to be complied with before transferring the land and before taking any steps in that regard shall be fulfilled. One of the conditions in the order of grant of approval by the Environment and Forests Department is to get permission from this Court for establishment of the said Centre and therefore, the present application. 9. Taking the overall view of the situation particularly the grant of permission by the Ministry of Environment and Forests for establishment of the Centre at Kudal, we see no reason why such a permission should be denied. Even otherwise, the observations made by us in the order dated 27th April, 2005 only requires the Forests Department to get clearance to carry out non- 21.12.caw.886.11 8/8 forests activities from the Ministry of Environment and Forests and only bring the said fact to the notice of this Court. 10. With these observations, the permission as sought by the Forest Department is hereby granted. Civil Application is allowed. 11. Civil Application No. 2435/2011 to be considered after Christmas vacation, 2011. JUDGE JUDGE sahare