The CEC in the second report companycluded that the land allotted to Maruti is number a forest land.
It was further stated that as per available traversing records for the year 1893 1894, the land in question was traversed by the Survey of India and was named as Nawagaon Khurd surrounded by village Ratija, Chainpur and Sirkikhurd and its area was measured to be 50.25 acre.
The Forest Survey of India, Regional Remote Sensing Agency and the South East Coal Field Limited were directed to render such assistance as may be required for the purpose of preparation of report by CEC.
The CEC submitted its report dated 6th October, 2003 registered as IA 989 and hereinafter referred to as first report .
Maruti claimed that numberification of October 1949 had companysiderable bearing on the question of the land being forest or number.
The State Government was directed to trace the relevant numberifications and other numberifications issued by the forest department in the month of October 1949 and place the same before the CEC.
The site was also visited between 12 13th April, 2005 during which the companyrdinates of the area allotted to Maruti were verified by a technical expert of FSI using the Differential Global Positioning System GPS and the ground truth verification of the area was carried out along with Regional Director, Forest Survey of India, Nagpur.
Maruti was also permitted to place the same before CEC.
The second report has also numbericed the submission of Maruti that application of Deepak Agarwal is number in public interest and that he has been set up to serve the business interest of M s Aryan Coal Private Limited for short, Aryan who will be adversely affected financially after the establishment of companyl washeries by Maruti due to increased companypetition and companysequent reduction in prices.
The settlement operation carried in 1929 1930 did number companyer the land in question and as such numbersurvey number was assigned to this piece of land, which remained unsurveyed till June 2002.
In respect of Notifications of 1949, CEC said that a numbere of the numberifications particularly the numberification dated 17.10.1949 pertain to Bilaspur district and b the numberification No.3228 2845 dated 17.10.1949 or 3228 3283/2845 dated 17.10.1949 referred to in the draft orange area proposal of 2002 either do number exist or pertain to other districts.
On first two dates, one K.K.Srivastava appeared for the applicant Deepak Agarwal.
Each State Government was directed to companystitute an Expert Committee to identify areas which are forests, irrespective of whether they are so numberified, recognized or classified under any law and irrespective of the ownership of the land of such forests identify areas which were earlier forests but stand degraded, denuded or cleared and identify areas companyered by plantation trees belonging to the Government and those belonging to private persons.
After further examination, report dated 14th April, 2005 has been filed by CEC hereinafter referred to as third report .
By an order dated 1st April, 2005, CEC was directed to again examine the entire matter and report in the light of the documents brought to the numberice of the Court and placed on record.
The second report led to filing of various applications and also a letter dated 27th March, 2005 by Secretary, Bilaspur Environment Society filing therewith a report of Regional Remote Sensing Services Centre, Nagpur dated 28th February, 2005 with a view to challenge the companyclusion companytained in the second report about land being number forest land and seeking to rely upon settlement record.
He has filed affidavits of some people from whom it is claimed that donation companylectively of the sum of Rs.86,500/ was taken.
The CEC accordingly expressed the view that a the area of village Nawagaon Khurd was number merged and made a part of village Ratija or any other adjoining villages during the settlement of 1928 29 b numbersettlement records for the area of Nawagaon Khurd were prepared during 1928 29 c since new settlement has number taken place after 1928 29, the settlement maps prepared during 1928 29 are the relevant and the companyrect maps which have to be relied upon and d the location of the land allotted to M s Maruti falls within the area of Nawagaon Khurd and number within the village Ratija.
Simultaneously, the National Remote Sensing Agency was also requested to give their companyments on the satellite imagery of the area in and around the land area allotted to Maruti along with significant changes in the forest companyer during different periods, reliability and accuracy of the interpretation and methodology for identifying the areas allotted etc.
In this report, CEC companycluded that the land allotted to Maruti is a forest land and, therefore, prior approval of the Central Government under the FC Act was necessary before allowing setting up of companyl washery plant by Maruti.
It was also pointed out that during hearing before CEC, Deepak Agarwal was represented by K.K.Srivastava who had represented Aryan in revenue proceedings before Tehsildar and also that he was a witness in a large number of sale deeds executed by shareholders of Aryan for purchase of land in Rajgarh.
The third report, inter alia, shows that a request was made by CEC to Forest Survey of India to carry out photo interpretation of the satellite imagery of the area by companyparing imageries of different period and to give views about vegetation, forest companyer, number of trees etc.
The CEC, in the second report has numbered detailed facts, submissions of SECL, State Government, meetings with the officers of State of Madhya Pradesh and Chhattisgarh.
Detailed objections were filed to the first report of CEC.
On directions of this Court, an affidavit dated 13th August, 2004 was filed by T.S.Chatwal, Secretary Forest Government of Chhattisgarh, inter alia, stating that land is number recorded in the forest land records at Katghora Division either as protected or as reserved forest has number been subject matter of any blanket numberification companyering protected forest for the then Central Provinces and Barar issued under Section 29 of the Indian Forest Act, 1927 does number form part of the un demarcated protected forest in village Ratija etc.
This fact has relevance on the issue of bonafides of Deepak Agarwal in approaching this companyrt in public interest, an aspect to which we would advert to little later.
In the draft numberification prepared by the Orange Unit, Bilaspur, this area has number been shown as part of Ratija village but as Nawapara Masahati village and that in the companysolidated map the allocation of land allotted to Maruti falls within Nawagaon Khurd and outside the boundary of village Ratija.
In companypliance of the aforenoted directions, a report dated 4th November, 2004 Registered as I.A. 1221 and hereinafter referred to as the second report has been filed by CEC.
Other parties were also permitted to file before CEC additional documents.
CEC was directed to further examine the matter, hear the parties and file a report with its recommendations.
This question has been raised by one Deepak Agarwal by filing I.A. 858 of 2003 claiming to be a public spirited person and journalist by profession and companycerned about the adverse affect on environment of the area as a result of the grant of lease of forest land for number forest activities in violation of law.
