caselaws.org
Supreme Court of India
In Re : T.N. Godavarman … vs Union Of India And Ors. on 15 February, 2021Author: Hon’Ble The Justice
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
INTERLOCUTORY APPLICATION NO.191338 OF 2019
WITH
INTERLOCUTORY APPLICATION NO.55071 OF 2020
AND
INTERLOCUTORY APPLICATION NO.121109 OF 2020
AND
INTERLOCUTORY APPLICATION NO.130847 OF 2020
AND
INTERLOCUTORY APPLICATION NO.87648 OF 2020
IN
Writ Petition (Civil) No.202 OF 1995
IN RE: T.N. GODAVARMAN THIRUMULPAD Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
ORDER
1. The Government of Himachal Pradesh has come up with these
applications praying for various reliefs including the relief of diversion of
small extents of forest land for the purpose of carrying out certain public
welfare projects. Some of these projects are already cleared under FCA
and FRA, but some are not. The application numbers and the reliefs sought
Signature Not Verified
Digitally signed by
Madhu Bala
Date: 2021.02.15
17:04:44 IST
Reason:
1
are presented in a tabular column for easy reference:
Interlocutory Prayer
Application
Number
191338/2019 Relax the restriction imposed on diversion of forest land
(Application for under the Forest (Conservation) Act, 1980 vide order dated
directions) 11.3.2019
Relax the restriction imposed on diversion of forest land
under the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 vide or
der dated 11.3.2019
Permit the State Himachal Pradesh, to issue formal orders
for diversion of forest land under the Forest Act, 1980 and
the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 for con
struction of projects mentioned in para5 of the applica
tion and, to issue formal order also in respect of project
mentioned in para 6 of the application after receipt of final
approval from Govt. of India under FCA, 1980.
55071/2020 Relax/remove the restriction imposed on diversion of for
(Application for est land under the Forest (Conservation) Act, 1980 vide or
Directions) der dated 11.3.2019
Relax/remove the restriction imposed on diversion of for
est land under Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006
vide order dated 11.3.2019
Permit the State Himachal Pradesh, to issue formal orders
for diversion of forest land under the Forest Act, 1980 and
the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 for construction of
projects mentioned in para 8 & 9 of this application and
other projects which may be envisaged by the State in fu
ture, in accordance with law i.e. strictly in accordance with
the provisions of Forest (Conservation) Act, 1980 and
Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006.
87648/2020 Allow the State of Himachal Pradesh to carry out silvicul
(Application for ture felling of Khair (Acacia catechu) trees in the forests
directions) areas of the State in accordance with the approved Work
ing Plans
121109/2020 Allow the State of Himachal Pradesh to issue formal orders
(Application for for diversion of forest land under the Forest (Conservation)
directions) Act, 1980 [FCA] and Scheduled Tribes and Other Tradi
2
tional Forest Dwellers (Recognition of Forest Rights) Act,
2006 [FRA] for construction of projects mentioned in paras
12 & 13 of this application and other projects that may be
envisaged by the State in future in accordance with law
i.e.strictly with the provisions of FCA and FRA.
130847/2020 Allow the State of Himachal Pradesh to issue formal orders
(Application for for diversion of forest land under the Forest (Conservation)
directions) Act, 1980 for construction of projects mentioned in Para
13 and detailed in Annexure A6 for all other projects that
may be envisaged by the State in future, in accordance
with law i.e. strictly with the provisions of Forest (Conser
vation) Act, 1980 or the Scheduled Tribes and Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006 or
other Statutes governing the field.
2. We have heard Shri Tushar Mehta, learned Solicitor General and Shri
Ashok Sharma, learned Advocate General for the State of Himachal
Pradesh, appearing for the applicant and Shri A.D.N. Rao, learned Amicus
Curiae appointed by this Court. From the submissions made by Shri A.D.N.
Rao, learned Amicus Curiae, it can be deciphered that some of the reliefs
sought by the State of Himachal Pradesh can be straight away granted and
some other reliefs can be granted subject to certain clearances. The projects
for which permission may be granted and projects which can be permitted
subject to certain conditions are also given in a tabular column as follows:
Interlocutory Projects Projects
Application permitted with
Number or without
condition
(I)
3
191338/2019 S.No Activities No. of Area
cases involved
in ha.
1 Hydro Electric 3 7.3566
Projects
2 Roads 27 64.2176
3 Indian Institute of 1 124.61
Technology
4 Degree College 2 5.9239
5. Model School 1 2.08 Permission
6. Construction/upgr 2 0.8529 granted
adation of Electric
Substations
7. Transmission line 1 36.4344
8. Hybrid Power 1 5.5942
Project
(Solar+wind+battery
storage)
9. Extraction of river 1 1.3918
bed minerals
10. Car parking 1 0.154863
Total 40 248.616263
(II)
S.No. Activities No. of Area Permission
cases involved granted subject
in ha. to the following
1 Anganwadis 02 0.028 rider:
2 Community 13 1.0529
Centers “If the permission
3 Dispensary or 09 1.5648 of DFOs is granted
hospital prior to 11.3.2019,
4 Drinking water 12 3.0341 the project can be
supply and water implemented.
pipeline However, if the
permission is not
5. Roads 191 101.6577
granted till
6. Schools 49 10.7082 11.03.2019, the
7. Skill upgradation 05 2.6992 concerned DFO is
or Vocational allowed process,
Training Centers examine and
8. Tanks and other 05 0.8826 decide grant of
minor water bodies permission and if
9. Fair price shop 01 0.02 permission is so
10. Electric and 01 0.92 granted, such
Tele/Line projects can be
4
11. Minor Irrigation 01 0.12 implemented and
Cannel allowed to
Total 289 122.7475 commence and
complete.”
(I) 34 projects under FCA, 1980 for which
55071/2020 final approval given by Central permitted
Government, mentioned in Annexure A9
(II) DFO concerned
96 projects under FRA, the proposals for is permitted to
which were received after 11.03.2019, process, examine
given in Annexure A10 and decide the
grant of
permission and if
permission is so
granted, such
projects can be
implemented and
allowed to
commence and
complete.
(I)
S.No Projects No. of Forest
121109/2020 cases land
involved
(in ha.)
1 Roads 37 161.7044
2 Helipads 01 0.9898
3 Transmission Lines 04 51.8232
& Power Stations
4 Sewerage 02 1.72 Permission
Treatment Plants granted
5 Drinking Water 05 71.1711
Supply Schemes
6 Hydro Power 04 60.6863
Projects
7 Other Projects 06 10.6575
Total 59 358.7524
(II)
5
S.No Activities (as per No. of Area
list at pages 63 to cases involved
68 of application) in
ha./No. of trees
involved
1 Anganwaris 01 0.007/0 Permission
2 Community 01 0.014/0 granted subject
Centres to the following
3. Roads 75 35.9618/ rider:
501 Proposals
4. Schools 01 0.512/0 received after
5. Tanks and other 01 0.3415/0 11.3.2019.
Minor Water Bodies
6. Water/Rain Water 01 0.0384/0
“Therefore, DFO
Harvesting
concerned is
Structures
permitted to
Total 80 36.8747/
process, examine
501
and decide
granted of
permission and if
permission is so
granted, such
projects can be
implemented and
allowed to
commence and
complete.”
130847/2020 Name of Project Amount Sanctioned
sanctio by
ned
S.No Projects No. of Forest
cases land
involved
(in ha.)
1 Roads 02 5.3595 Permission
2 Bus Stand 02 1.2323 granted
3 Construction of 01 0.3185
Bridge approach
Total 05 6.9103
6
3. IA No. 130847 of 2020
In this application, mention is made about two projects, at
page No.6 of the application.
Name of Project Amount Sanctioned Sanctioned by
One green corridor 1337 Crores MoRTH
National Highway
Construction of Two lane 61.48 Crores MoRTH
NH 20A (new NH 503)
The First project of Green Corridor National Highway is in
two parts, for each of which separate final approval has been
granted under Section 2 of the Forest Conservation Act, by
Ministry of Environment and Forest, Government of India. One
final approval dated 30.09.2020 is for diversion of 28.449 ha of
forest land and second final approval of the even date is for
diversion of 22.419 ha of forest land. Both these final approvals
are attached with the affidavit filed on 06.02.2021. The said final
approvals are taken on record.
So far as Second Project viz. Construction of Two lane
NH20A (new NH 503) is concerned, the final approval for the
same for diversion of 7.0713 ha of forest land has also been
granted u/s 2 of the Forest Conservation Act by the Ministry of
Environment and Forest, Government of India vide letter dated
7
20.06.2020. This final approval dated 26.06.2020 is also
attached with the affidavit filed on 06.02.2021.
The final approvals are taken on record and the Government
may act accordingly.
4. IA No.87648 of 2020
The aforesaid I.A. is to be adjourned for 12 weeks. The
Committee appointed vide order dated 16.02.2018 may examine
the contents of this I.A while filing its further report regarding
result of Silviculture operations already undertaken.
5. The applications are disposed of accordingly.
……………………………..CJI
(S.A. BOBDE)
……………………………….J.
(A.S. BOPANNA)
………………………………..J.
(V. RAMASUBRAMANIAN)
New Delhi
February 15, 2021
8
Comments