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Anuj Joshi & Anr. v. Chief Conservator of Forests & Others

Contempt Petition (Civil) · Neutral citation not assigned (Contempt Petition No. 245 of 2014 in Civil Appeal No. 6736 of 2013)Decided 15 Jan 2016
Contempt Petition No. 245 of 2014 in Civil Appeal No. 6736 of 2013
Justice Dipak Misra · Justice Uday Umesh Lalit

Background

Following the devastating 2013 Uttarakhand floods, the Supreme Court in an earlier judgment (Alaknanda Hydro Power Co. Ltd. vs Anuj Joshi, (2014) 1 SCC 769) had directed the Ministry of Environment and Forests and the State of Uttarakhand not to grant any further environmental or forest clearance for hydroelectric projects in the state until further orders. The petitioners filed this contempt petition alleging that forest clearance for the Vishnugad-Pipalkoti hydro project had been granted to Tehri Hydro Development Corporation after that restraining order, in violation of the Court's directions. Two of the four named alleged contemnors were dropped by the petitioners themselves during the hearing.

Decision Breakdown

The Court examined the actual timeline of approvals and found that the final approval for diverting the forest land in question had in fact been granted by the Ministry of Environment and Forests on 25.04.2013, well before the Court's restraining order of 13.08.2013. The letter dated 06.12.2013, which the petitioners had pointed to as the supposed violation, was found to be merely a communication passing on a decision/conditions that had already been approved earlier; it did not reflect any fresh grant of clearance after the restraining order. On this basis, the Court held that the remaining two alleged contemnors had not violated its earlier directions and dismissed the contempt petition.

Lesson Learnt

A contempt petition requires the petitioner to show an actual violation of a court's specific order after it was passed: a later administrative letter that merely communicates or implements an approval already granted earlier does not, by itself, amount to contempt.

Official source (sci.gov.in)View Judgment (PDF)

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