T.N. Godavarman Thirumulpad v. Union of India - International ...

subject to upward revision by the MOEF in consultation with CEC as and whennecessary. The aforesaid recommendations of CEC were accepted.An application (I.A.No.1046) was filed by the MOEF, inter alia, seeking directions thatthe NPV calculation shall be part of the detailed project report submitted to it for aforestry clearance under the FC Act. During the course of hearing, learned SolicitorGeneral informed this Court that the Government was agreeable to the suggestions ofCEC that money received from user-agencies for compensatory afforestation fund shouldbe kept in an interest bearing account, though initially it had some reservations about it.Reference has also been made in the application about exemption being granted to someprojects from payment of NPV, an aspect which we would consider later at anappropriate stage so also the basis of the calculation of the NPV. We may, however, notethat although in the application it was stated that the format issued by the World Bank forcalculation for NPV for the projects shall be the basis of its calculation, the learnedSolicitor General stated that he was not relying upon the said format. Regarding themining projects, the application mentions that there has to be difference in approach formineral of high volume and low volume and low value and minerals of high value andlow volume. It is stated that levying of flat rates of NPV per hectare basis will, therefore,not be rational. The application states that in case of mining, NPV should be calculated atthe rate of 10% for the major minerals and 5% for the minor minerals to be levied on theannual royalty. An application (IA 1047) has also been filed by the Ministry of Mines,Government of India taking similar pleas as are taken in IA 1046 seeking directions thatin mining NPV may be calculated at the rate of 10% and 5% as above noted.Now, we may refer to Notification dated 23rd April, 2004 issued by MOEF in exercise ofthe powers conferred by sub-section (3) of Section 3 of the EP Act constituting anauthority known as Compensatory Afforestation Fund management and PlanningAuthority (hereinafter referred to as 'CAMPA') for the purpose of management of moneytowards compensatory afforestation, NPV and any other money recoverable in pursuanceof this Court's order and in compliance of the conditions stipulated by the CentralGovernment while according approval under the FC Act for non-forestry uses of theforest land. The Executive Body of the Authority comprises of the following:"(i) Director General of Forests and -- ChairpersonSpecial Secretary, Ministry ofEnvironment and Forests, Governmentof India(ii) Addl.Director General of Forests -- Member(Forests) Ministry of Environment andForests, Government of India(iii) Addl.Director General of Forests -- Member(Wildlife)(iv) Inspector General of Forests (Forest -- MemberConservation), Ministry of EnvironmentAnd Forests, Government of India(v) Joint Secretary and Financial Advisor, -- MemberMinistry of Environment and Forests,Government of India(vi) Chief Executive Officer (CEO) -- Member6