JUDGEMENT
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(1.) On 28.03.2008, we had passed an order regarding payment of net present value (NPV) accepting the recommendations made by CEC which were more or less acceptable to MoEF. In that order we had also indicated that exemptions from payment of NPV have to be granted in respect of certain categories. However, it is brought to our notice that certain typographical mistakes had crept in that order as to categories to which such exemptions are to be granted. Therefore, we direct that as regards exemptions from payment of NPV, the last part of that order reading "We are of the view... (x) construction of the transmission lines" on pp. 11 to 12 [of the certified copy of the judgment] shall stand substituted with the following:
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Category CEC
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( i) Schools Full exemption up to 1 ha of forest land
provided:
(ii) Hospitals (a) no felling of trees is involved;
(iii) Children's playground of (b) alternate forest land is not
non-commercial nature available;
(iv) Community centers in rural (c) the project is of non-commercial areas nature and is part of the plan/non-
plan scheme of the Government; and
(v) Overhead tanks (d) the area is outside national
park/sanctuary
(vi ) Village tanks
(vii) Laying of underground
drinking water pipeline up to
4 (sic) diameter and
(viii) Electricity distribution line up
to 22 kV in rural areas
Relocation of villages from the Full exemption
national parks/sanctuary to alternate
forest land
Collection of boulders/silts from the Full exemption, provided:
river belts in the forest area
(a) area is outside national park/
sanctuary;
(b) no mining lease is approved/
signed in respect of this area;
(c) the works including the sale of
boulders/silt are carried out
departmentally or through
government undertaking or
through the Economic
Development Committee or Joint
Forest Management Committee;
(d) the activity is necessary for
conservation and protection of
forests; and
(e) the sale proceeds are used for
protection/conservation of forests
Laying of underground
optical fiber cable
Full exemption, provided:
(a) no felling of trees
is involved; and
(b) areas fall outside
national park/ sanctuary
Pre-1980 regularization of Full exemption, provided
these are
encroachments and conversion of strictly in accordance with MoEF's forest villages into revenue villages guidelines dated 18-9-1990.
Underground mining 50% of the NPV of the entire area
(2.) The above recommendations for exemptions are accepted. If, in any case, exemption is required by nature of the peculiar circumstances of the case, the same would be decided as and when necessary on a case-to-case basis.;
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