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In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors. (I.A. Nos. 1424-1425 of 2005)

Interlocutory Application · 2018 INSC 818Decided 14 Sept 2018
Interlocutory Application Nos. 1424-1425 of 2005 in Writ Petition (Civil) No. 202 of 1995
Justice Madan B. Lokur · Justice S. Abdul Nazeer · Justice Deepak Gupta

Background

This order arises within the Supreme Court's long-running, decades-old "continuing mandamus" forest conservation case (T.N. Godavarman Thirumulpad vs Union of India). An MLA, Mr. Bhupesh Baghel, filed interlocutory applications alleging that an industrialist, Mr. Anil Lunia, had obtained a mining lease for iron ore in Bhainsa Kankar, District North Bastar Kanker, Chhattisgarh, and then illegally cut down forest trees and mined far beyond his permitted limits and area, in violation of the Forest Conservation Act and without environmental clearance. The Court's own Central Empowered Committee (CEC) investigated and found extensive illegalities, including mining in undemarcated protected forest, excess extraction and sale of ore, and official connivance, and recommended recovery of sale proceeds, confiscation, blacklisting of Mr. Lunia, and disciplinary/criminal action against responsible officials.

Decision Breakdown

The Supreme Court accepted the CEC's report in full, finding that Mr. Lunia had flagrantly violated forest and mining laws. It noted that the Chhattisgarh State Government had already taken substantial corrective action: issuing a demand for recovery of over Rs. 6.6 crore in illegal sale proceeds (though litigation over this recovery was still pending before a civil court), initiating and concluding disciplinary proceedings against several erring officials (penalising some with reduced pay scales, withheld increments, etc.), and blacklisting Mr. Lunia for several years. Given that mining had already been stopped, officials penalised, and the confiscated iron ore was sitting at the site awaiting lawful auction, the Court held a CBI inquiry was unnecessary. It directed that the authorities were free to auction the confiscated iron ore in accordance with law, and disposed of the applications insofar as they concerned Mr. Anil Lunia, with no order as to costs.

Lesson Learnt

Even within an ongoing, decades-long public interest litigation, the Supreme Court will issue final, enforceable rulings on individual applications once the facts are established, and will defer to a state's own completed corrective and disciplinary action rather than ordering a fresh central investigation when it is satisfied the violations have already been addressed.

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

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