IN RE: T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

Citation: [2022] 17 S.C.R. 1122 · Decided: 03-06-2022 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 17 S.C.R.
   [2022] 17 S.C.R. 1122
1122
IN RE: T.N. GODAVARMAN THIRUMULPAD
v.
UNION OF INDIA AND ORS.
(I.A. No.1000 of 2003)
(In Writ Petition (Civil) No. 202 of 1995)
JUNE 03, 2022
[L. NAGESWARA RAO, B.R. GAVAI AND
ANIRUDDHA BOSE, JJ.]
Environment Law – Wild Life (Protection) Act, 1972 – Wildlife
sanctuaries and National parks – The present set of applications
arise out of a report of the Central Empowered Committee (CEC)
specifically pertaining to Jamua Ramgarh wildlife sanctuary in State
of Rajasthan – Report stated about exploitation of protected forest
mainly by private miners mostly with temporary working permits
obtained from the Governmental agencies – Supreme Court had
converted the report with its set of recommendations into an
Interlocutory Application – Recommendations made in the second
report by the CEC, went beyond the Jamua Ramgarh Sanctuary
and dealt with creation of identification and declaration of safety
zones around protected forests all across the country – In the present
order Supreme Court dealt with two issues i.e. Scope of mining
activities in and around a wildlife sanctuary in the State of Rajasthan
(Jamua Ramgarh) and prescribing Eco sensitive zones (ESZ)
surrounding the wildlife sanctuaries and national parks – Held:
Each protected forest that is national park or wildlife sanctuary
must have an ESZ of minimum one kilometre measured from the
demarcated boundary of such protected – For Jamua Ramgarh
wildlife sanctuary, it shall be 500 metres – If the ESZ is already
prescribed as per law that goes beyond one kilometre buffer zone,
the wider margin as ESZ shall prevail – Mining within the national
parks and wildlife sanctuaries shall not be permitted – If any activity
is already being undertaken within the one kilometre or extended
buffer zone (ESZ) of any wildlife sanctuary or national park that
does not come within the ambit of prohibited activities, such activities
may continue with permission of the Principal Chief Conservator
of Forests of each State or Union Territory – The minimum width of
the ESZ may be diluted in overwhelming public interest but for that
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purpose the State or Union Territory concerned shall approach the
CEC and MoEF&CC and both these bodies shall give their respective
opinions/recommendations before Court – In respect of sanctuaries
or national parks for which the proposal of a State or Union
Territory has not been given, the 10 kilometres buffer zone as ESZ
shall be implemented – The CEC shall quantify the compensation to
be recovered from each miner indulging in mining activities within
the Jamua Ramgarh sanctuary in violation of any statutory provision
or order of this Court – Specific recommendations for compensatory
afforestation, reclamation, clearing overburden dumping as also
compensation in monetary units for degradation of forest resources
shall also be made – A further set of recommendations concerning
confiscation of earth moving equipments and other machineries lying
within or in the periphery of the said sanctuary shall be made by
the CEC.
Disposing the I.A., the Court
HELD : 1. The role of the State cannot be confined to that
of a facilitator or generator of economic activities for immediate
upliftment of the fortunes of the State. The State also has to act
as a trustee for the benefit of the general public in relation to the
natural resources so that sustainable development can be
achieved in the long term. Such role of the State is more relevant
today, than, possibly, at any point of time in history with the threat
of climate catastrophe resulting from global warming looming
large. This Court has highlighted the Public Trust Doctrine in
the case of M.C. Mehta v. Kamal Nath and Others and opined that
the Public Trust Doctrine is part of the law of land. [Para 28][1152-
D-F]
2. In this Court’s opinion, the Guidelines framed on 9th
February 2011 appears to be reasonable and accept the view of
the Standing Committee that uniform Guidelines may not be
possible in respect of each sanctuary or national parks for
maintaining ESZ. This Court is of the opinion, however, that a
minimum width of 1 kilometre ESZ ought to be maintained in
respect of the protected forests, which forms part of the
recommendations of the CEC in relation to Category B protected
forests. This would be the standard formula, subject to changes
in special circumstances. This Court has considered CEC’s
IN RE: T.N. GODAVA

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