High Court · 2012

(cid:28)I have considered the submissions advanced. As changes to the existing telecomm unication net work of the petitioner company involves laying of optical fibre ca bles at a depth of less than 2 meters and there appears to be no conversion of a ny forest land for non-forest purpose in the exercise intended to be undertaken, the provisions of the Forest Conservation act may have no application. This of course is a tentative view of the Court and the matter will have to be examined in depth in later stage. However, having regard to the prima facie case made out and the urgency of the matter, the writ petitioner company shall now be permitt ed to carry out its proposed project of laying of optical fibre cables in the ri ght of way (ROW) granted to it along the course of the pipe line from Naharkatia to Barauni. Naturally, the work under taken will be understood to be at the ris k of the petitioner company and will be subject to such further orders as the Co urt may pass on the final view taken with regard to the provisions of the Forest Conservation Act. Needless to say, the above observation would be understood to be confined only through such portion of the course of the pipe line that runs through forest areas. (cid:29) Though the Court had taken a tentative view that there appears to be no conversion of forest land for non-forest purpose in the exercise intended to be undertaken and, therefore, the provisions of the Forest Conservation Act may hav e no application, this Court is in agreement with the above view taken. The Apex Court in the order dated 11-03-2005 also permitted laying and m aintaining of optical fibre cables through the Kaziranga National Park by the pe titioner company subject to approval by the Ministry of Environment and Forest, which was directed to be decided within one week on the petitioner company depos iting Rupees one crore with the Central Empowered Committee (CEC) in the account of the Compensatory Afforestation Fund for undertaking conservation and protect ion works in Kaziranga National Park. The order of the Apex Court is as under: (cid:28)Having considered the recommendation of the Central Empowered Committee (C.E.C) , we permit laying and maintaining of Optical Fibre Cable through the Kaziranga National Park by Oil India Limited, subject to the project being approved by the Ministry of Environment and Forest under the Forest (Conservation) Act, which s hall be decided by the Ministry of Environment and Forest within one week, on Oi l India Limited depositing Rupees one crore with the C.E.C in the account of the Compensatory Afforestation Fund for undertaking conservation and protection wo rks in Kaziranga National Park. In case the Ministry of Environment and Forest g rants approval to the project, it would not be necessary to file any other forma l application seeking permission of this Court. It is implicit that Oil India Li mited would abide by other conditions stipulated by the Standing Committee. (cid:29) Mr. Buzarbaruah, learned counsel for the petitioners submits on oral ins truction that the petitioner company had deposited the said amount with the Cent ral Empowered Committee and that pursuant thereto necessary approval has been ac corded. In view of the above, this writ petition is allowed by making the interi m order passed on 09-01-2004 absolute. No cost.