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In Re: T.N. Godavarman Thirumulpad v. Union of India (Himachal Pradesh forest-land diversion applications)

Interlocutory Application · 2021 INSC 88Decided 15 Feb 2021
Interlocutory Application Nos. 191338 of 2019, 55071 of 2020, 121109 of 2020, 130847 of 2020 and 87648 of 2020 in Writ Petition (Civil) No. 202 of 1995
Chief Justice S.A. Bobde · Justice A.S. Bopanna · Justice V. Ramasubramanian

Background

This order arises within the long-running T.N. Godavarman forest-conservation litigation. The State of Himachal Pradesh filed several interlocutory applications seeking relaxation of restrictions imposed by an earlier Supreme Court order (dated 11.3.2019) on diverting forest land, so that it could proceed with public welfare projects, including roads, schools, hospitals, drinking water schemes, hydro and transmission projects, and a national highway "green corridor", some of which already had statutory clearances under forest laws and some of which did not.

Decision Breakdown

With the assistance of the Solicitor General, the State's Advocate General, and the Court-appointed Amicus Curiae, the Court went through each application and categorized the listed projects: a large number of projects (roads, schools, hospitals, water schemes, hydro and transmission projects) were granted permission outright because they already had final statutory clearance; another set of smaller community projects (anganwadis, community centres, minor water bodies, etc.) were permitted subject to the condition that the concerned Divisional Forest Officer could process and grant permission for proposals that were pending as of the relevant cut-off date; the two national-highway "green corridor" projects were taken on record since final forest-clearance approvals had already been obtained; and one application concerning silviculture (tree-felling) operations was adjourned for 12 weeks pending a committee report.

Lesson Learnt

Even in matters of major public infrastructure, diversion of protected forest land requires project-by-project compliance with the Forest (Conservation) Act and Forest Rights Act, and the Supreme Court, through its ongoing supervisory jurisdiction in the Godavarman case, can grant case-specific relaxations only once an Amicus Curiae/expert review confirms that statutory clearances are genuinely in place or imminent.

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

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