SUPREME COURT CASES LIST

IA No. 826 in IA No. 566 in Writ Petition (C) 202 of 1995 with IA Nso. 932 in 819-821, 955, 958, 985, 1001-1001a, 1013-1014, 1016-1018, 1019, 1046, 1047, 1135-1136, 1137, 1164, 1180-1181, 1182-1183, 1196, 1208-1209, 1222-1223, 1224-1225, 1229, 1233, 1248-1249, 1253, 1301-1302, 1303-1304, 1312, 1313, 1314, 1315-1316, 1318 and 1319 in Writ Petition (C) 202 of 1995

Appellants: T.N. Godavarman Thirumulpad Vs. Respondent: Union of India (UOI) and Ors. Decided On: 26.09.2005

Acts/Rules/Orders:
Forest (Conservation) Act, 1980 – Section 2; Environment (Protection) Act, 1986 – Section 3, 3(2), 3(3), 4 and 5; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Wild Life (Protection) Act, 1972 – Sections 18, 26A and 35; Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act, 1971 – Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20; Bombay Public Trust Act, 1950 – Sections 57, 58 and 66; Indian Forest Act, 1878 – Sections 11, 20, 23, 25, 29, 30, 35 and 39; Indian Forest Act, 1927; Constitution of India – Articles 14, 21, 48A, 51A, 110, 110(1), 195, 199, 199(1), 266, 266(1), 266(2), 283, 284, 294 and 295; Environmental Law

Case Note:

Constitution of India 1950 — Articles 21, 48A, 51A — Forest (Conservation) Act 1980 — Section 2 — Environment (Protection) Act 1986 — Sections 3, 5 — Water (Prevention and Control of Pollution) Act 1974 — Air (Prevention and Control of Pollution) Act 1981 — NPV — Guidelines — Applicability — Calculation — Exemption — Compensatory Afforestation — Conservation, preservation and protection of forests and the ecology — Measures to be taken to compensate for loss of forest land and effect on ecology when forest land is used for non-forest purposes — Compensation by user agency to make payment of Net Present Value (NPV) of such diverted land — Underlying principle for recovery of NPV is that the plantations raised under the compensatory afforestation scheme could never adequately compensate for the loss of natural forests as the plantations require more time to mature and even then they are a poor substitute to natural forest — Held, clause amended to include two more environmentalists — NPV as a tool of SBCA is required to be based on Total Economic Value (TEV). It indicates the components of TEV. It further shows what are the type of agency or experts which are required to examine these issues — Amount of NPV shall not be handed over to the State Government as natural resources are not ownership of any one state or individual but public at large is its beneficiary — Directions issued.

IA Nos. 989, 1221 and 1311 in IA Nos. 857-858 in Writ Petition (C) No. 202 of 1995 and IA Nos. 997-998, 1128, 1187, 1282-1284, 1295, 1296, 1305, 1320-1321, 1335, 1376-1377 and 1388 in WP (C) No. 202 of 1995 and SLP (C) No. 22531 of 2003