WBSEDCL Vs. RABI BESRA.

JUDGEMENT

(1.) The primary issue in this appeal arising out of the writ petition on the self-same point pertains to the steps taken by the State of West Bengal to submit a proposal to the Central Government seeking prior approval of the latter under Sec. 2 of the Forest (Conservation) Act, 1980 (for short the 1980 Act) for diversion of 234 hectares (234ha) of forest land for construction of the 1000 MW. Turga Pumped Storage Project of the West Bengal State Electricity Development Corporation Limited(for short SEDCL), also referred to as the User Agency, in Ayodhya Hills under Purulia Forest Division (for short referred to as the said Project).

(2.) Responding to the State's proposal dtd. 18/9/2017 seeking prior approval of the Central Government (supra), by a reply dtd. 12/4/2018 addressed on behalf of the Ministry of Environment, Forests and Climate Change (MoEF&CC), it was, inter alia, stated that the proposal of the State was examined by the Forest Advisory Committee (FAC) constituted by the Central Government under Sec. 3 of the 1980 Act. Further, by the said communication dtd. 12/4/2018, the In-principle approval for diversion of 234ha of forest land for the said Project on the basis of the examination of the State's proposal by the FAC was made subject to fulfilment of XL/ 40 (Forty) conditions, as also stated in the letter dtd. 12/4/2018.

(3.) In the light of the aforesaid developments, the writ petitioners, who are three in number and are the respondents in both the appeals, arrived before the Hon'ble Single Bench seeking a writ of Mandamus upon the respondent authorities, both State and Centre, not to give any effect or further effect to the In-principle approval as granted by the FAC to the said Project. The writ petitioners also prayed for a writ of Mandamus declaring the Certificate issued by the District Magistrate, Purulia dated 13th of June 2017, inter alia, declaring that the work of settlement of rights of Scheduled Tribes and Other Traditional Forest Dwellers qua the said Project land has been completed, to be declared void ab initio.