Supreme CourtFull Bench

In Re: T.N. Godavarman Thirumulpad vs Union Of India & Ors

Supreme Court Of India · Decided on 15 February 2021 · Citation: AIR 2021 SC 949 : (2021) 5 SCC 358 : (2021) 2 JT 340 : (2021) 2 Scale 585 : (2021) 2 JT 340 : (2021) 2 Scale 58

HON’BLE JUDGES
Sharad Arvind Bobde, CJ · A.S. Bopanna, J · V. Ramasubramanian, J
ACTS & SECTIONS REFERRED
Forest Conservation Act, 1980 — Section 2
RESULT
Disposed Of
CASE NUMBER
Interlocutory Application No. 191338 Of 2019, 55071, 87648, 121109, 130847 Of 2020 In Writ Petition (Civil) No. 202 Of 1995
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Judgment

182 paragraphs · 481 words

Interlocutory

Application

Number",Projects,,,,"Projects

permitted with or

without

condition",,

,(I),,,,,,

191338/2019,S.No,Activities,"No. of

cases","Area

involved

in ha.",,,

,1,"Hydro Electric

Projects",3,7.3566,"Permission

granted",,

,2,Roads,27,64.2176,,,

,,,,,,,

,,,,,,,

,,,,,,,

,,,,,,,

,,3,"Indian Institute of

Technology",1,124.61,,

,,4,Degree College,2,5.9239,,

,,5.,Model School,1,2.08,,

,,6.,"Construction/upgr

adation of Electric

SubÂ​stations",2,0.8529,,

,,7.,Transmission line,1,36.4344,,

,,8.,"Hybrid Power Project

(Solar+wind+battery

storage)",1,5.5942,,

,,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

cases","Area

involved

in ha.","Permission

granted subject to

the following

rider:

“If the permission

of DFOs is granted

prior to 11.3.2019,

the project can be

implemented.

However, if the

permission is not

granted till

11.03.2019, the

concerned DFO is

allowed process,

examine and decide

grant of permission

and if permission is so

granted, such projects

can be

implemented and

allowed to

commence and

complete.â€​",

,,1,Anganwadis,02,0.028,,

,,2,Community Centers,13,1.0529,,

,,3,Dispensary or hospital,09,1.5648,,

,,4,"Drinking water supply

and water pipeline",12,3.0341,,

,,5.,Roads,191,101.6577,,

,,6.,Schools,49,10.7082,,

,,7.,"Skill upgradation

or Vocational Training

Centers",05,2.6992,,

,,8.,"Tanks and other minor

water bodies",05,0.8826,,

,,9.,Fair price shop,01,0.02,,

,,10.,"Electric and

Tele/Line",01,0.92,,

,,11.,"Minor Irrigation

Cannel",01,0.12,,

,,,Total,289,122.7475,,

,,,,,,,

,55071/2020,(I),"34 projects under FCA, 1980 for which final approval

given by Central Government, mentioned in Annexure

AÂ​9",,,permitted,

,,(II),"96 projects under FRA, the proposals for which were

received after 11.03.2019, given in Annexure AÂ​10",,,"DFO concerned is

permitted to

process, examine

and decide the grant

of

permission and if

permission is so

granted, such

projects can be

implemented and

allowed to

commence and

complete.",

,,(I),,,,,

,121109/2020,S.No,Projects,"No. of

cases","Forest land

involved

(in ha.)",,

,,1,Roads,37,161.7044,"Permission

granted",

,,2,Helipads,01,0.9898,,

,,3,"Transmission Lines

& Power Stations",04,51.8232,,

,,,,,,,

,,,,,,,

,,,,,,,

,,,,,,,

,4,"Sewerage

Treatment Plants",02,1.72,,,

,5,"Drinking Water

Supply Schemes",05,71.1711,,,

,6,"Hydro Power

Projects",04,60.6863,,,

,7,Other Projects,06,10.6575,,,

,,Total,59,358.7524,,,

,(II),,,,,,

,S.No,"Activities (as per list

at pages 63 to 68 of

application)","No. of

cases","Area

involved in

ha./No. of

trees

involved",,,

,1,Anganwaris,01,0.007/0,"Permission

granted subject to

the following

rider:

Proposals

received after

11.3.2019.

“Therefore,

DFO concerned is

permitted to

process, examine

and decide

granted of

permission and if

permission is so

granted, such

projects can be

implemented and

allowed to

commence and

complete.â€​",,

,2,"Community

Centres",01,0.014/0,,,

,3.,Roads,75,"35.9618/

501",,,

,4.,Schools,01,0.512/0,,,

,5.,"Tanks and other

Minor Water Bodies",01,0.3415/0,,,

,6.,"Water/Rain Water

Harvesting Structures",01,0.0384/0,,,

,,Total,80,"36.8747/

501",,,

,,,,,,,

130847/2020,Name of Project,,"Amount

sanctio ned",Sanctioned by,,,

,S.No,Projects,"No. of

cases","Forest land

involved

(in ha.)",,,

,1,Roads,02,5.3595,"Permission

granted",,

,2,Bus Stand,02,1.2323,,,

,3,"Construction of

Bridge approach",01,0.3185,,,

,,Total,05,6.9103,,,

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 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.,,,,,,,