A. JOHN KENNEDY ETC. versus STATE OF TAMIL NADU AND OTHERS ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2025] 3 S.C.R. 1437 : 2025 INSC 443 A. John Kennedy Etc. v. State of Tamil Nadu and Others Etc. (SLP (Civil) No(s). 999-1001 of 2025) 24 March 2025 [Vikram Nath and Sandeep Mehta,* JJ.] Issue for Consideration The issues related to removal of encroachments and restoration of forest areas in the Agasthyamalai landscape, which includes within its ambit the Periyar Tiger Reserve, Srivilliputhur Grizzled Squirrel Wildlife Sanctuary, Meghamalai and Thirunelveli Wildlife Sanctuaries. Headnotesβ Forests β Western Ghats β Restoration of pristine forest areas and protection of tiger habitats/wildlife reserves/sanctuaries falling under the Agasthyamalai landscape β Directions given by Supreme Court β Forest Conservation Act, 1980 β Wild Life (Protection) Act, 1972: Held: Forests form the lungs of the ecosystem, and any depletion/destruction of forest areas has a direct impact on the entire environment β World facing the calamities caused by the climate change, and the primary culprit is the depleting forest cover because of rapid urbanization, unchecked industrialization, encroachments, etc β Supreme Court has time and again passed mandatory directions to remove the encroachments from the forest areas and to curb any attempt to reduce the forest cover in the country β As an interim measure, Central Empowered Committee (CEC) to conduct an extensive survey of the entire Agasthyamalai landscape, including Periyar Tiger Reserve, Srivilliputhur Grizzled Squirrel Wildlife Sanctuary, Meghamalai and Thirunelveli Wildlife Sanctuaries β CEC shall indicate in its report all instances of non- forestry activities going on in these areas contrary to the statutory provisions β CEC shall recommend measures for restoration of (a) the reserved forests, (b) the tiger habitats, and (c) elephant corridors and (d) other wildlife reserves (sanctuaries) in and around the Agsthyamalai landscape, including the abovementioned *βAuthor 1438 [2025] 3 S.C.R. Supreme Court Reports sanctuaries/reserves β For this purpose, the CEC may employ all scientific procedures including Remote Sensing Satellite Imagery, Geo Mapping etc. [Paras 2, 4, 27, 29] Case Law Cited T.N. Godavarman Thirumalpad v. Union of India and Ors. [2006] 3 SCR 1024 : (2006) 1 SCC 1; State of Telangana and Others v. Mohd. Abdul Qasim(Dead) Per LRs [2024] 5 SCR 81 : (2024) 6 SCC 461; In Re : T.N. Godavarman Thirumulpad v. Union Of India and Ors. (IA No. 20650 of 2023) (2025) 2 SCC 641 β referred to. Bombay Burma Trading Corporation Ltd. and Ors. v. State of Tamil Nadu and Ors. (2018) 1 CTC 733 β referred to. List of Acts Wild Life (Protection) Act, 1972; Forest Conservation Act, 1980; Tamil Nadu Forests Act, 1882. List of Keywords Singampatti Zamin forests lands; Wildlife Sanctuary; Tiger Reserve; Reserve forest; Deputy Director and Wildlife Warden; BBTCL (Bombay Burma Trading Corporation Limited); Lease; Non-forestry purposes; Kalakkad-Mundanthurai Tiger Reserve; Core Critical Tiger Habitat; Environment & Forests Department; Ecosystem; Climate change; Depleting forest cover; Urbanization; Industrialization; Encroachments; Eco-system; Ecological balance. Case Arising From CIVIL APPELLATE JURISDICTION: Special Leave Petition (Civil) No(s). 999-1001 of 2025 From the Judgment and Order dated 03.12.2024 of the High Court of Judicature at Madras in WPMD No. 13104, 13375 and 17911 of 2024 Appearances for Parties Advs. for the Petitioners: Sanjay Parikh Sr. Adv., Prasanna S., Ms. Sanjana Srikumar, Ms. Kritika, Ms. Vanshika Mohta, Henri Tiphangne, Robert Chandra Kumar. [2025] 3 S.C.R. 1439 A. John Kennedy Etc. v. State of Tamil Nadu and Others Etc. Advs. for the Respondents: Tushar Mehta, SG, Amit Anand Tiwari, Sr. Adv./A.A.G., P.S. Raman, Sr. Adv./Advocate General, Ms. Purnima Krishna, M.F. Philip, Karamveer Singh Yadav, Togin M. Babichen, Renganath, Ms. Saushriya Havelia, Gurmeet Singh Makker, Sarthak Karol, Shantanu Sharma, Madhav Sinhal, Aditya Shankar Dixit. Judgment / Order of the Supreme Court Order Mehta, J. 1. These petitions raise two important issues for our consideration. The first being the preservation of Reserve Forests, Wildlife Sanctuaries and Tiger Reserves in the State of Tamil Nadu and the other being the claim of the petitioners, being the displaced tea estate workers, claiming rehabilitation pursuant to their eviction from an erstwhile tea estate by the name of Bombay Burma Trading Corporation Limited [for short βB
Excerpt shown. Read the full judgment & AI analysis in Lexace.
Lex