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

Citation: [2024] 1 S.C.R. 704 · Decided: 24-01-2024 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI, ARAVIND KUMAR, PRASHANT KUMAR MISHRA · Disposal: Dismissed
cites 3 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

* Author
[2024] 1 S.C.R. 704 : 2024 INSC 59
In Re: T. N. Godavarman Thirumulpad 
v. 
Union of India and Others
(Writ Petition (Civil) No.202 of 1995)
24 January 2024
[B. R. Gavai, Aravind Kumar* and 
Prashant Kumar Mishra, JJ.]
Issue for Consideration
Matter pertains to criteria issued for the identification of private 
‘forest’ land in the State of Goa.
Headnotes
Environmental laws – Forests – Criteria issued by the State of 
Goa for the identification of private ‘forest’ land in the State 
of Goa – Challenge to, by the appellant seeking change in 
the criteria:
Held: Existing criteria for identification of private forests in the State 
of Goa are adequate and valid, thus, requires no alteration – Criteria 
of the canopy density of 0.4 and minimum area of 5 ha if reduced 
to 0.1 and 1 ha as contended by the appellant, would result in the 
plantations of coconut, orchards, bamboo, palm, supari, cashew, 
etc., grown by farmers on their private lands into the category of 
‘private forest’ – Even for a minor development on the concerned 
land, the permission of the Government under the FCA 1980, for 
the landholders, would become indispensable – Also none of the 
States have adopted the 0.1 density criteria – Furthermore, on the 
one hand, the appellant is challenging the criteria adopted by the 
Sawant and Karapurkar Committees for the identification of inter 
alia private forests and on the other hand has relied on the same 
criteria, the the appellant cannot be permitted to approbate and 
reprobate – Also the appellant having not challenged the criteria 
as prescribed by the Expert Committee and published in the public 
notice is estopped from raising the said issue at this stage – Process 
of physical demarcation of such forests in State of Goa seems 
to have attained finality by virtue of the Reports and the State of 
Goa has issued a gazette notification notifying 46.11 sq. km. as 
[2024] 1 S.C.R. 
705
T. N. Godavarman Thirumulpad v. Union of India and Others
private forest – Furthermore, the application of criteria cannot be 
universally standardized across the country, as it is contingent 
upon the specific geographical conditions prevalent in each State, 
and as a result, the criteria may vary from one State to another 
– Thus, the task of identifying forest areas expressly delegated 
to Expert Committees to be constituted by State Governments, 
thereby recognising that there can be no uniform criteria for such 
identification across the country. [Paras 63, 67-69]
Environmental laws – Forests – ‘Forest Cover’ and ‘Recorded 
Forest Area’ – Distinction between:
Held: ‘Forest Cover’ encompasses all lands exceeding 1 (one) 
hectare in size with a tree canopy exceeding 10%, regardless of land 
use, ownership, and legal status – This category may encompass 
various features like orchards, bamboo groves, palm plantations, 
etc., and is evaluated through remote sensing techniques – Term 
‘Recorded Forest Area’ or ‘Forest Area’ refers to all geographic 
areas officially designated as ‘Forests’ in government records – 
Recorded forest areas primarily include Reserved Forests and 
Protected Forests which are notified under the provisions of the 
Forest Act, 1927, or equivalent State Acts – Recorded forest area 
may also cover regions recorded as forests in revenue records or 
established as such under any State Act or local laws. [Para 66]
Case Law Cited
Shivanand Salgaocar v. Tree Officer & Ors. Writ Petition 
No.162 of 1987; T.N. Godavarman Thirumulpad v. Union 
of India [1996] 9 Suppl. SCR 982 : (1997) 2 SCC 267; 
Goa foundation v. State Government of Goa Writ Petition 
(Civil) No. 181 of 2001; TN Godavarman Thirumulpad v. 
Union of India & Ors. [2008] 6 SCR 321 : (2008) 7 SCC 
126; Lafarge Umiam Mining Pvt. Ltd. v. Union of India 
and Ors [2011] 7 SCR 954 : (2011) 7 SCALE 242; Tata 
Housing Development Corporation v. Goa Foundation 
(2003) 11 SCC 714; Nisarga v. Asst. Conservator of 
Forests OA No.19 (THC) of 2013; T.N. Godavarman 
Thirumalpad (87) v. Union of India [2005] 3 Suppl. SCR 
552 : (2006) 1 SCC 1; Park-Anand Arya v. Noida [2010] 
15 SCR 783 : (2011) 1 SCC 744 – referred to.
706
[2024] 1 S.C.R.
Digital Supreme Court Reports
List of Acts
National Green Tribunal Act, 2010; Forest (Conservation) Act, 1980; 
Goa Daman and Diu Preservation of Trees Act, 1984; Scheduled 
Tribe and Other Traditional Forest Dwellers (Recognition of Forest 
Rights) Act, 2006; Forest Rights Act, 2006; Forest Act, 1927.
List of Keywo
Excerpt shown. Read the full judgment & AI analysis in Lexace.