LexIN RE: T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND OTHERS
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[2025] 8 S.C.R. 1003 : 2025 INSC 996 In Re: T.N. Godavarman Thirumulpad v. Union of India and Others I.A. No(s). 79569, 79576, 159670 and 159677 of 2019, I.A. No(s). 14261 and 14262 of 2021, I.A. No(s). 40599, 40624 and 220675 of 2023, I.A. No(s). 111336 and 137276 of 2025 In (Writ Petition (C) No. 202 of 1995) 06 August 2025 [B.R. Gavai,* CJI, K. Vinod Chandran and N.V. Anjaria, JJ.] Issue for Consideration (i) Whether the paver blocks should be permitted to be laid on the road between the Dasturi Naka to Shivaji Maharaj Statue, which is the main road that connects Matheran from Dasturi Railway Station to the last point inasmuch as most of the habitations are situated on this road; if the answer to issue (i) is in the affirmative, then which type of paver blocks should be permitted to be laid down; (iii) whether e-rickshaws should be permitted on the said road between Dasturi Naka to Shivaji Maharaj Statue or not; (iv) if the answer to issue (iii) is in the affirmative, then it has to be considered as to what should be the number of e-rickshaws that should be permitted to be plyed on the said road; (v) who should be the persons to whom the said e-rickshaws be allotted to. Headnotes† Environment – Various issues w.r.t Matheran, one of the most popular hill stations in the State of Maharashtra situated in Raigad District – Whether the paver blocks should be permitted to be laid on the road between Dasturi Naka to Shivaji Maharaj Statue which is the main road connecting Matheran from Dasturi Railway Station to the last point and the internal roads are also accessible from the said main road; which type of paver blocks should be permitted to be laid down; whether hand pulled carts/rickshaws be replaced with e-rickshaws in Matheran; to whom the e-rickshaws have to be allotted: * Author 1004 [2025] 8 S.C.R. Supreme Court Reports Held: Recommendation of the IIT, Bombay and National Environmental and Engineering Research Institute (NEERI), the two expert bodies, that the laying of clay paver blocks is the best solution for arresting the soil erosion is accepted – State Government is permitted to lay the clay paver blocks on the road between the Dasturi Naka to Shivaji Maharaj Statue – While laying clay paver blocks, no concrete bed shall be laid below the said clay paver blocks, however, the other measures, as recommended by the IIT Bombay to increase drainage and prevent waterlogging such as inclusion of non-woven geotextile layer beneath the sand bedding, cambering of roads to help reduce erosion etc.to be implemented – Recommendations given by NEERI shall also be given effect to – Though the clay paver blocks would be permitted to be laid on the road between Dasturi Naka to Shivaji Maharaj Statue, no paver blocks would be laid on the internal roads and on the trekking routes – This would inter alia also ensure that the internal roads and the trekking routes are exclusively available only for the trekkers and for the persons dependent on the horses for their livelihood – Further, State of Maharashtra to forthwith stop the practice of plying hand pulled carts/rickshaws in the town of Matheran in a phased manner within six months from today – State Government shall evolve a scheme taking the scheme applicable in Kevadia (Sardar Patel Sarovar) in the State of Gujarat to be a model scheme – The State or an authority constituted on their behalf would purchase the e-rickshaws and give them on a hire basis on payment of a fixed amount to the genuine rickshaw pullers or the other underprivileged persons, including Adivasi women – Matheran Monitoring Committee under the Chairmanship of the Collector, Raigad, which is constituted under the ESZ Notification to identify the genuine hand cart/ rickshaw pullers and also determine the number of e-rickshaws to be permitted. [Paras 30, 49] Case Law Cited People’s Union for Democratic Rights and Others v. Union of India and Other [1983] 1 SCR 456 : (1982) 3 SCC 235; Azad Rickshaw Pullers’ Union and Others v. State of Punjab and Another [1981] 1 SCR 366 : (1980) Supp. SCC 601 – referred to. List of Acts Matheran Rules, 1959; Constitution of India. [2025] 8 S.C.R. 1005 In Re: T.N. Godavarman Thirumulpad v. Union of India and Others List of Keywords Matheran; Hill station; Eco Sensitive Zone (ESZ); IIT, Bombay; Expert bodies; National Environmental and Engineering Research Institute (NEERI); Pedestrian hill station; Paver bl
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