M/S. SOUTHERN PETROCHEMICAL INDUSTRIES CORPN. LTD. versus S. JOEL & ORS.

Citation: [2019] 2 S.C.R. 97 · Decided: 04-02-2019 · Supreme Court of India · Bench: D.Y. CHANDRACHUD, HEMANT GUPTA · Disposal: Disposed off

Judgment (excerpt)

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M/S. SOUTHERN PETROCHEMICAL
INDUSTRIES CORPN. LTD.
v.
S. JOEL & ORS.
(Civil Appeal No. 11935 of  2018)
FEBRUARY 04, 2019
[DR. DHANANJAYA Y CHANDRACHUD AND
HEMANT GUPTA, JJ.]
Environmental Law:
Diversion of forest land for non-forest purposes – Guidelines
in respect of – Issued by Union Government – Delegating the
authority to State Governments to permit diversion of forest land
upto one hectare for the purpose of Government departments for
public utility purposes – Government of Tamil Nadu accorded
approval for diversion of 0.055 hectares of forest land to Water
Supply Drainage Board for public purpose as per the guidelines
i.e. ‘drinking water purposes’ – Complaint before National Green
Tribunal, that instead of confining the use of water for drinking
purposes, the Board permitted the water for industrial purposes –
Tribunal by its interim order dated 7.7.2017 granted status quo
subject to the condition that the Board would scrutinize the need of
water for industrial purpose and that sufficient quantity of water
was available for drinking purpose – Tribunal finally disposed of
the case directing the Board to use the water drawn under forest
clearance only for drinking purposes and prohibited the use for
industrial units – In appeal to Supreme Court, on the grievance
raised by Tuticorin Power Plant as to difficulties in absence of
regular water supply, the Court stayed the order of Tribunal in respect
of that power plant subject to condition that drinking water needs
were fully met – Held: Direction issued to the Collector to
independently assess the situation as to ensure that need for
drinking water and irrigation is not compromised; and whether
surplus water is available after meeting the requirement for drinking
water – If the Collector finds that there is surplus water, direction
may be issued for allocating water for the industrial purposes – Till
the decision is taken by the Collector, the interim order of Tribunal
dated 7.7.2017 is restored – It is also directed that the Board and
the State Government would decide the issue as to the proposal sent
[2019] 2 S.C.R. 97
97
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                   SUPREME COURT REPORTS            [2019] 2 S.C.R.
by the Board under Forest Conservation Act, to the State Government
– Appeals disposed of – Forest Conservation Act, 1980.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11935
of 2018.
From the Judgment and Order dated 28.11.2018 of the  National
Green Tribunal Principal Bench, New Delhi (Through Video
Conferencing) in Original Application No. 128 of 2017 (SZ)
WITH
Civil Appeal Nos. 12224, 12227 of 2018, 834 and 1332 of 2019.
Balaji Srinivasan, (AAG),  Ranjit Kumar, Huzefa Ahmadi,
Ravindra Shrivastav, Sr. Advs., K. K. Mani, Ms. T. Archana, Vinodh
Kanna B., Ms. S. Valarmathi, Ms. Pallavi Sengupta, C. Paramasivam,
M. Avokiyaraj, M. Yogesh Kanna, K. V. Vijayakumar, R. Naveenraj,
Ms. Purbitaa Mitra, Ms. Anitha Shenoy, Y. Arunagiri, Ramesh (for P.
Soma Sundaram), Sanjai Kumar Pathak (for G. S. Makker), Mahesh
Agarwal, Ms. Aastha Mehta, Rajesh Kumar (for  E. C. Agrawala),
Advs. for the Appearing Parties.
The following Order of the Court was passed :
O  R  D  E  R
1. Appeals Admitted.
2. This batch of appeals arises from a decision of the National
Green Tribunal1 dated 28 November 2018.1
3. On 15 June 2004, the Government of India in the Ministry of
Environment and Forests2 issued guidelines regulating the diversion of
forest land for non-forest purposes under the Forest (Conservation) Act
1980.  These guidelines were clarified on 3 January 2005. The guidelines
delegate to the state governments the authority to permit diversion of
forest land up to one hectare for the purpose of government departments
for public utility purposes.  The permissible activities are :
“1. Schools;
2. Dispensary/hospital;
3. Electric and Telecommunication lines;
4. Drinking water;
5. Water/rainwater harvesting structures;
6. Minor irrigation canal;
1 “The Tribunal”
2 “MoEF”
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7. Non-conventional sources of energy;
8. Skill up-gradation/vocational training centre;
9. Power sub-stations;
10. Communication posts; and
11. Police establishments like police stations/outposts/border
                 outposts/ watch towers, in sensitive areas
                (identified by Ministry of Home Affairs).”
(emphasis supplied)
4. Based on the above guidelines of the Government of India,
on 7 March 2008, the Government of Tamil Nadu accorded approval for
diversion of 

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