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

Citation: [2023] 6 S.C.R. 601 · Decided: 26-04-2023 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Disposed off

Cited by 1 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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   [2023] 6 S.C.R. 601
601
IN RE: T.N. GODAVARMAN THIRUMULPAD
v.
UNION OF INDIA AND OTHERS
(I.A. Nos. 131377, 147102, 195467, 195468, 205092 of 2022 & Ors)
In
(Writ Petition (Civil) No. 202 of 1995)
APRIL 26, 2023
[B. R. GAVAI, VIKRAM NATH AND SANJAY KAROL, JJ.]
Environment (Protection) Act, 1986 – Environment (Protection)
Rules, 1986 – r. 5 – Eco-sensitive zone (ESZ) – Protection of forest
land – Issuance of directions by this Court, by order dated
03.06.2022 that each protected forests-national park or wildlife
sanctuary, to have an ESZ of minimum one kilometre measured from
the demarcated boundary of such protected forest, wherein the
activities proscribed and prescribed in the Guidelines of 9.2.2011
shall be strictly adhered to; that with respect to the activities that
were already being undertaken within the one kilometre or extended
buffer zone-ESZ and which was not prohibited under the ESZ
Guidelines, such activities to continue with the permission of the
Principal Chief Conservator of Forests of each State or Union
Territory; and no new permanent structures permitted to come up
within the ESZ – Modification/clarification of the directions sought–
Held: Direction in paragraph 56.1 of the order dated 03.06.2022
is modified and clarified – Area to be declared as ESZ cannot be
uniform and will be Protected Area specific – In some cases, it may
be 10 kilometres on one side and 500 meters on the other side – As
such, the direction which prescribes a uniform one kilometre ESZ to
be modified – Mining activities within an area of one kilometre of
the boundary of the Protected Areas would be hazardous for the
wildlife, such directions to be issued on Pan-India basis –
Furthermore, the directions contained therein would not be
applicable to the ESZs in respect of which a draft and final
notification has been issued by the MoEF & CC and in respect of
the proposals which have been received – Also the direction
contained therein would not be applicable where the National Parks
and Sanctuaries are located on inter-State borders and/or share
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SUPREME COURT REPORTS
[2023] 6 S.C.R.
common boundaries – Directions contained in paragraph 56.5 are
modified and replaced that MoEF & CC and all State/Union Territory
to strictly follow the provisions in the Guidelines of 9.02.2011 and
so also the provisions contained in the ESZs notifications; and that
while granting Environmental and Forest Clearances for project
activities in ESZ and other areas outside the Protected Areas, the
Union of India as well as various State/Union Territory Governments
to strictly follow the provisions contained in the OM dated
17.05.2022 issued by MoEF & CC – Environmental laws.
Disposing of the I.As, the Court
HELD: 1.1 If the direction as issued by this Court in
paragraph 56.5 of the order dated 3rd June 2022 is continued,
then no permanent structure would be permitted to come up for
whatsoever purpose in the Eco-sensitive zones-ESZs. Hundreds
of villages are situated within the ESZs in the country. If no
permanent construction is to be permitted for any purpose, a
villager who is desirous to reconstruct his house would not be
permitted. Similarly, if there is an extension in their family and
some additional construction is required for accommodating the
enlarged family, the same would also not be permitted. Similarly,
if the Government decides to construct schools, dispensaries,
anganwadis, village stores, water tanks and other basic structures
for improvement of the life of the villagers, the same would also
not be permitted. The effect of the order would be to prevent the
State or the Central Government from constructing roads and
provide other facilities to the villagers. [Para 48][629-C-E]
1.2 If the order dated 3rd June 2022 is not modified, it
would also be impossible for the Forest Departments to conduct
eco-development activities around National Parks and
Sanctuaries. The said activities are required with the dual
objectives of protection of wildlife and provision of benefits for
the local communities. MoEF & CC provides financial assistance
to the States under the Centrally Sponsored Scheme-Integrated
Development of Wildlife Habitats, which includes assistance for
eco-development activities. These activities often involve
construction of small structures which are permanent in nature
in areas including ESZs. [Para 49][629-E-G]
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1.3 There are various regulated and permissible activities.

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