Full Judgment Text
[2008] 8 S.C.R. 152
T.N. Godavaraman Thirumulpad
v.
Union of India and Ors.
I.As. No. 826 etc.
In
(Writ Petition © No. 202 of 1995)
May 9, 2008
[K.G. BALAKRISHNAN, CJI, Dr. ARIJIT PASAYAT AND S.H. KAPADIA, JJ]
The Order of the Court was delivered by
On 28th March, 2008, we had passed an order regarding payment of Net
Present Value (NPV) accepting the recommendations made by CEC which were
more or less acceptable to MoEF. In that order we had also indicated that
exemptions from payment of NPV have to be granted in respect of certain
categories. However, it is brought to our notice that certain
typographical mistakes had crept in that order as to categories to which
such exemptions are to be granted. Therefore, we direct that as regards
exemptions from payment of NPV, the last part of that order reading "We are
of the view..... (x) construction of the transmission lines" on pages 10
to 11 shall stand substituted with the following :-
Category
i) Schools
ii) Hospitals
iii) Children's play ground of non commercial nature
iv) Community centres in rural areas
v) Over-head tanks
vi) Village tanks,
vii) Laying of underground drinking water pipeline upto 4 diameter and
viii) Electricity distribution line upto 22 KV in rural areas.
Relocation of villages from the National Parks/Sanctuary to alternate
forest land
Collection of boulders/silts from the river belts in the forest area
Laying of underground optical fibre cable
Pre-1980 regularisation of encroachments and conversion of forest villages
into revenue villages
Underground mining
CEC
Full exemption upto 1 ha. of forest land provided :
(a) no felling of trees is involved;
(b) alternate forest land is not available;
(c) the project is of non-commercial nature and is part of the
Plan/Non-Plan Scheme of Government; and
(d) the area is outside National Park/Sanctuary
Full Exemption
Full exemption provided :
(a) area is outside National Park/Sanctuary;
(b) no mining lease is approved/signed in respect of this area;
(c) the works including the sale of boulders/silt are carried out
departmentally or through Government undertaking or through the Economic
Development Committee or Joint Forest Management Committee;
(d) the activity is necessary for conservation and protection of
forests; and
(e) the sale proceeds are used for protection/conservation of forests
Full exemption provided :
(a) no felling of trees is involved; and
(b) areas falls outside National Park/Sanctuary
Full exemption provided these are strictly in accordance with MoEF's
Guidelines dated 18.9.1990.
50% of the NPV of the entire area
The above recommendations for exemptions are accepted. If, in any case,
exemption is required by nature of the peculiar circumstances of the case,
the same would be decided as and when necessary on a case to case basis.