SUPREME COURT OF INDIA

Before:- B.N. Kirpal, Ruma Pal and B.N. Agrawal, JJ.

I.A. No. 670 in W.P. (C) No. 202 of 1995, I.A. No. 669 in l.A. No. 659 in W.P. (C) No. 202 of 1995, LA. No. 659 in W.P. (C) 202 of 1995, I.A. No. 646 in W.P: (C) 20211995, I.A. No. 661 in W.P. (C) 202 of 1995, I.A. No. 395 in W.P. (C) 202 of 1995, I.A. No. 496 in W.P. (C) No. 202 of 1995, I.A. No. 497 in W.P. (C) No. 202 of 1995, I.A. No. 636 in W.P. (C) No. 202 of 1995, I.A. No. 513 in I.A. No. 424 in W.P. (C) 202 of 1995. D/d. 12.7.2001.

T.N. Godavarman Hirumalpad - Petitioner

Versus

Union of India & ors. - Respondents

Public Interest Litigation - Environment and Forests - Forest of Matheran in Maharashtra - State Government communicating to the Government of India its principal approval to declare Matheran as an eco-sensitive' zone - Affidavit found to be cryptic and lacking' necessary particulars and hence directions for a further affidavit to be filed alongwith the Survey - No vehicle like tractor; tempo, car; truck or other mechanised vehicle, excepting an ambulance and afire-engine, will be permitted to ply in Matheran irrespective of the fact any permit granted - Matheran should be regarded as eco-sensitive zone with all the consequences which flow therefrom.

[Para ]

JUDGMENT

I.A.No. 670

1. The Amicus Curiae may flea rejoinder - Within, 10 days.

2. List this I.A on 26th July, 2001 at 2.00 P.M.

I.A. Nos. 669 and I.A. No. 659

3. An affidavit on behalf of the Government of Maharashtra has been filed in Court today. Unfortunately, the affidavit is very cryptic and lacks necessary particulars. Further details and documents should be placed on record along with an affidavit to substantiate the averments made in this affidavit. Further affidavit be filed within four weeks from today. The State is directed to file along with the said affidavit the Survey Report called for in the order dated 10th May, 2001 of this Court. List the lAs after four.weeks.

4. In the meantime, we make it clear and direct that no vehicle like tractor, tempo, car, truck or other mechanised vehicle, excepting an ambulance and a fire-engine, will be permitted to ply in Matheran irrespective"C. of the fact that any permit has been granted or not.

5. Pending further orders, there shall be'." no movement of felled timber by natural causes or otherwise from Matheran nor there shall be any sale thereof.

6. In the affidavit filed in Court today, it has been stated that the State Government has communicated to the.Government of India its principal approved to declare Matheran as an eco-sensitive zone: by letter dated 21st .November, 2000-Pending decision being taken.thereon, we direct that Matheran should be regarded as eco-sensitive zone with all the consequences which flow therefrom.

I.A. Nos. 646 and 661

7. The I.As. are dismissed as withdrawn.

Li, I.A. Nos. 395, 49.6 and 497

8. Issue notice returnable after four weeks.

I.A. No. 636

9. The Union of India may file a reply within two weeks. Rejoinder, if any, be filed within two weeks thereafter. List after four weeks.

I.A. No. 513

10. Counsel for-the parties are agreed that this I.A. be transferred to the Empowered Committee for its consideration and appropriate decision. Ordered accordingly.

Re: Letter dated 27.6.2001 received from President, All India SC/ST Development Council

11. No action is required to be taken.

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