Summary
A forest-land diversion permission for drinking-water infrastructure did not itself authorise industrial use. Pending decision on the clearance proposal, the Court established Collector-supervised assessment and fortnightly review of any surplus available for conditional industrial supply, protecting drinking-water and irrigation needs. The temporary arrangement and any subsequent allocation remained subject to the Union’s final clearance decision, on whose merits no opinion was expressed.
Issues
- Whether drinking-water diversion permission authorised industrial use and what interim mechanism should govern disputed surplus water pending clearance.
Held
- The contention that the drinking-water permission did not prohibit industrial use was rejected. The delegated general approval extended only to specified public-utility purposes, including drinking water; a separate proposal for industrial use remained to be decided. (¶¶ 3–9, 18–19)
- Disputed data on available water required independent Collector verification rather than an unconditional allocation. A meeting of relevant departments was to be convened within one week, followed by fortnightly review. Any industrial supply required adequate surplus after meeting present and anticipated drinking-water needs, with assessment also protecting irrigation requirements. (¶ 19–21)
- The Tribunal’s 7 July 2017 arrangement was restored for one week pending the Collector’s decision, with drinking-water needs having priority. Parties were thereafter to abide by the Collector’s decision; the power plant’s interim protection continued until that decision. (¶¶ 11–12, 21)
- State and Board representatives were to meet within two weeks to resolve deficiencies and forward the forest-clearance proposal within three weeks. The competent Union authority was to decide within two months thereafter; interim industrial allocation would abide by that decision. No view on the proposal’s merits was expressed. (¶ 22)
Result
Appeals and pending applications disposed of with directions for Collector-supervised conditional supply and time-bound processing of the forest-clearance proposal. No order as to costs.