- (1.) I . A. Nos. 828 WITH 833, 834-835, 837-838, 846-847, 893-894, 901-902, 903, 904, 1310-1310A in I. A. No. 833 in I. A. No. 828, 1329, 1330, 1331-1332, 1450-1452 in 1310, 2086 in 1329-1330 in 1310 in W. P. (C) No. 202/ 1995 With SLP(C) No. 33'53/2003, C.A.No. 7363/2000, C.A.No. 7364/2000, C.A.No. 7365/2000. State of Rajasthan has filed Annual Progress Report 2006-07. The CEC will file its response regarding the Report within a period of two weeks. All the matters relating to mining operation of both States of Haryana and Rajasthan be posted on 25.1.2008.
(2.) IA . No. 1413, 1414, 1426, 1428, 1440, 1454, 1459, 1460, 1662-1663, 1675, 1778, 1796, 2005-2006, 2121-2132 and 2133 in 1413 in in W. P. (C) No. 202/1995. 18 Temporary Licences were granted in the State of Goa and the licensees were doing mining activities. CEC has examined the viability of the functioning of these mining activities and found that out of the 18 Temporary Licencees, 16 Licencees are working properly. CEC has stated that subject to fulfilment of certain conditions, they can function. The learned counsel appearing for the said 16 Temporary Licence Holders submitted that the entire NPV amount demanded by the Authority has been paid by the licencees and the compensatory afforestation work is under way. Therefore, we permit the 16 Temporary Licence Holders to carry out the mining activities, subject to fulfillment of the following conditions: (i) The NPV for the entire forest area included in the mining lease will be payable by the mining lease holders after deducting the amount of the NPV already paid; (ii) the amount for carrying out Compensatory Afforestation in degraded forest land, twice the forest area included in the mining lease after excluding the forest area broken up prior to 1987 and broken thereafter with valid permissions, will be payable by the lease holders; (iii) in respect of mines where mining has continued beyond 20.6.197 without obtaining the approval under the FC Act i.e. after the constitutional validity of the Goa, Daman and Diu Concession (Abolition and Declaration) Act, 1987 has been upheld by the Hon'ble High Court of Bombay, Panaji Bench in Writ Petition No. 293 of 1989, penal Compensatory Afforestation charges are payable by the lease holders for carrying out mining during the period between 1987 and till the date on which the approvals under the FC Act were accorded. It is recommended that in such cases the lease holders may be asked to pay charges for penal Compensatory Afforestation over degraded forest land, twice the forest area included in the mining leases; and (iv) a realistic and effective plan for reclamation and rehabilitation of mined area should be drawn up along with specific time limits for each prescribed activity and an effective monitoring mechanism should be put in place for this purpose. As regards the rest two Temporary Licence Holders T. C. No. 63/51 C.F. Naik (TWP application by Rajesh Timblo) and T. C. No. 67/52 of M/s. A.V.S. Velingkar, according to CEC there are procedural lapses in granting the licences. These parties may reply to the Report of CEC within a period of three weeks. Adjourned by four weeks. If any NPV remains to be paid, the same has to be deposited within a period of four weeks from the date of demand.
(3.) THE Forest Department, State of Goa has stated that there is no degraded forest land available for afforestation work and the State is finding it difficult to utilize the money received towards the Compensatory Afforestation. The CEC has suggested that if the degraded forest land is not available, the money can be utilized for improving forests and also mangroves, National Parks and Wildlife Sanctuaries. State Government to file its response within a period of six weeks whether such activities could be carried out. List thereafter.;