Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
INTERLOCUTORY APPLICATION NO.191338 OF 2019
WITH
INTERLOCUTORY APPLICATION NO.55071 OF 2020
AND
INTERLOCUTORY APPLICATION NO.121109 OF 2020
AND
INTERLOCUTORY APPLICATION NO.130847 OF 2020
AND
INTERLOCUTORY APPLICATION NO.87648 OF 2020
IN
Writ Petition (Civil) No.202 OF 1995
IN RE: T.N. GODAVARMAN THIRUMULPAD Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
O R D E R
1. The Government of Himachal Pradesh has come up with these
applications praying for various reliefs including the relief of diversion of
small extents of forest land for the purpose of carrying out certain public
welfare projects. Some of these projects are already cleared under FCA
the reliefs sought
and FRA, but some are not. The application numbers and
Signature Not Verified
Digitally signed by
Madhu Bala
Date: 2021.02.15
17:04:44 IST
Reason:
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are presented in a tabular column for easy reference:
| Interlocutory<br>Application<br>Number | Prayer |
|---|---|
| 191338/2019<br>(Application for<br>directions) | Relax the restriction imposed on diversion of forest land<br>under the Forest (Conservation) Act, 1980 vide order dated<br>11.3.2019<br> Relax the restriction imposed on diversion of forest land<br>under the Scheduled Tribes and Other Traditional Forest<br>Dwellers (Recognition of Forest Rights) Act, 2006 vide or<br>der dated 11.3.2019<br> Permit the State Himachal Pradesh, to issue formal orders<br>for diversion of forest land under the Forest Act, 1980 and<br>the Scheduled Tribes and Other Traditional Forest<br>Dwellers (Recognition of Forest Rights) Act, 2006 for con<br>struction of projects mentioned in para5 of the applica<br>tion and, to issue formal order also in respect of project<br>mentioned in para 6 of the application after receipt of final<br>approval from Govt. of India under FCA, 1980. |
| 55071/2020<br>(Application for<br>Directions) | Relax/remove the restriction imposed on diversion of for<br>est land under the Forest (Conservation) Act, 1980 vide or<br>der dated 11.3.2019<br> Relax/remove the restriction imposed on diversion of for<br>est land under Scheduled Tribes and Other Traditional<br>Forest Dwellers (Recognition of Forest Rights) Act, 2006<br>vide order dated 11.3.2019<br> Permit the State Himachal Pradesh, to issue formal orders<br>for diversion of forest land under the Forest Act, 1980 and<br>the Scheduled Tribes and Other Traditional Forest Dwellers<br>(Recognition of Forest Rights) Act, 2006 for construction of<br>projects mentioned in para 8 & 9 of this application and<br>other projects which may be envisaged by the State in fu<br>ture, in accordance with law i.e. strictly in accordance with<br>the provisions of Forest (Conservation) Act, 1980 and<br>Scheduled Tribes and Other Traditional Forest Dwellers<br>(Recognition of Forest Rights) Act, 2006. |
| 87648/2020<br>(Application for<br>directions) | Allow the State of Himachal Pradesh to carry out silvicul<br>ture felling of Khair (Acacia catechu) trees in the forests<br>areas of the State in accordance with the approved Work<br>ing Plans |
| 121109/2020<br>(Application for<br>directions) | Allow the State of Himachal Pradesh to issue formal orders<br>for diversion of forest land under the Forest (Conservation)<br>Act, 1980 [FCA] and Scheduled Tribes and Other Tradi |
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| tional Forest Dwellers (Recognition of Forest Rights) Act,<br>2006 [FRA] for construction of projects mentioned in paras<br>12 & 13 of this application and other projects that may be<br>envisaged by the State in future in accordance with law<br>i.e.strictly with the provisions of FCA and FRA. | |
|---|---|
| 130847/2020<br>(Application for<br>directions) | Allow the State of Himachal Pradesh to issue formal orders<br>for diversion of forest land under the Forest (Conservation)<br>Act, 1980 for construction of projects mentioned in Para<br>13 and detailed in Annexure A6 for all other projects that<br>may be envisaged by the State in future, in accordance<br>with law i.e. strictly with the provisions of Forest (Conser<br>vation) Act, 1980 or the Scheduled Tribes and Traditional<br>Forest Dwellers (Recognition of Forest Rights) Act, 2006 or<br>other Statutes governing the field. |
2. We have heard Shri Tushar Mehta, learned Solicitor General and Shri
Ashok Sharma, learned Advocate General for the State of Himachal
Pradesh, appearing for the applicant and Shri A.D.N. Rao, learned Amicus
Curiae appointed by this Court. From the submissions made by Shri A.D.N.
Rao, learned Amicus Curiae, it can be deciphered that some of the reliefs
sought by the State of Himachal Pradesh can be straight away granted and
some other reliefs can be granted subject to certain clearances. The projects
for which permission may be granted and projects which can be permitted
subject to certain conditions are also given in a tabular column as follows:
| Interlocutory<br>Application<br>Number | Projects | Projects<br>permitted with<br>or without<br>condition |
|---|---|---|
| (I) |
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| 191338/2019 | S.No | Activities | No. of<br>cases | Area<br>involved<br>in ha. | |
|---|---|---|---|---|---|
| 1 | Hydro Electric<br>Projects | 3 | 7.3566 | Permission<br>granted | |
| 2 | Roads | 27 | 64.2176 | ||
| 3 | Indian Institute of<br>Technology | 1 | 124.61 | ||
| 4 | Degree College | 2 | 5.9239 | ||
| 5. | Model School | 1 | 2.08 | ||
| 6. | Construction/upgr<br>adation of Electric<br>Substations | 2 | 0.8529 | ||
| 7. | Transmission line | 1 | 36.4344 | ||
| 8. | Hybrid Power<br>Project<br>(Solar+wind+battery<br>storage) | 1 | 5.5942 | ||
| 9. | Extraction of river<br>bed minerals | 1 | 1.3918 | ||
| 10. | Car parking | 1 | 0.154863 | ||
| Total | 40 | 248.616263 | |||
| (II) | |||||
| S.No. | Activities | No. of<br>cases | Area<br>involved<br>in ha. | Permission<br>granted subject<br>to the following<br>rider:<br>“If the permission<br>of DFOs is granted<br>prior to 11.3.2019,<br>the project can be<br>implemented.<br>However, if the<br>permission is not<br>granted till<br>11.03.2019, the<br>concerned DFO is<br>allowed process,<br>examine and<br>decide grant of<br>permission and if<br>permission is so<br>granted, such<br>projects can be | |
| 1 | Anganwadis | 02 | 0.028 | ||
| 2 | Community<br>Centers | 13 | 1.0529 | ||
| 3 | Dispensary or<br>hospital | 09 | 1.5648 | ||
| 4 | Drinking water<br>supply and water<br>pipeline | 12 | 3.0341 | ||
| 5. | Roads | 191 | 101.6577 | ||
| 6. | Schools | 49 | 10.7082 | ||
| 7. | Skill upgradation<br>or Vocational<br>Training Centers | 05 | 2.6992 | ||
| 8. | Tanks and other<br>minor water bodies | 05 | 0.8826 | ||
| 9. | Fair price shop | 01 | 0.02 | ||
| 10. | Electric and<br>Tele/Line | 01 | 0.92 |
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| 11. | Minor Irrigation<br>Cannel | 01 | 0.12 | implemented and<br>allowed to<br>commence and<br>complete.” | |
|---|---|---|---|---|---|
| Total | 289 | 122.7475 | |||
| 55071/2020 | (I) | 34 projects under FCA, 1980 for which<br>final approval given by Central<br>Government, mentioned in Annexure A9 | permitted | ||
| (II) | 96 projects under FRA, the proposals for<br>which were received after 11.03.2019,<br>given in Annexure A10 | DFO concerned<br>is permitted to<br>process, examine<br>and decide the<br>grant of<br>permission and if<br>permission is so<br>granted, such<br>projects can be<br>implemented and<br>allowed to<br>commence and<br>complete. | |||
| (I) | |||||
| 121109/2020 | S.No | Projects | No. of<br>cases | Forest<br>land<br>involved<br>(in ha.) | |
| 1 | Roads | 37 | 161.7044 | Permission<br>granted | |
| 2 | Helipads | 01 | 0.9898 | ||
| 3 | Transmission Lines<br>& Power Stations | 04 | 51.8232 | ||
| 4 | Sewerage<br>Treatment Plants | 02 | 1.72 | ||
| 5 | Drinking Water<br>Supply Schemes | 05 | 71.1711 | ||
| 6 | Hydro Power<br>Projects | 04 | 60.6863 | ||
| 7 | Other Projects | 06 | 10.6575 | ||
| Total | 59 | 358.7524 | |||
| (II) |
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| S.No | Activities (as per<br>list at pages 63 to<br>68 of application) | No. of<br>cases | Area<br>involved<br>in<br>ha./No.<br>of trees<br>involved | ||
|---|---|---|---|---|---|
| 1 | Anganwaris | 01 | 0.007/0 | Permission<br>granted subject<br>to the following<br>rider:<br>Proposals<br>received after<br>11.3.2019.<br>“Therefore, DFO<br>concerned is<br>permitted to<br>process, examine<br>and decide<br>granted of<br>permission and if<br>permission is so<br>granted, such<br>projects can be<br>implemented and<br>allowed to<br>commence and<br>complete.” | |
| 2 | Community<br>Centres | 01 | 0.014/0 | ||
| 3. | Roads | 75 | 35.9618/<br>501 | ||
| 4. | Schools | 01 | 0.512/0 | ||
| 5. | Tanks and other<br>Minor Water Bodies | 01 | 0.3415/0 | ||
| 6. | Water/Rain Water<br>Harvesting<br>Structures | 01 | 0.0384/0 | ||
| Total | 80 | 36.8747/<br>501 | |||
| 130847/2020 | Name of Project | Amount<br>sanctio<br>ned | Sanctioned<br>by | ||
| S.No | Projects | No. of<br>cases | Forest<br>land<br>involved<br>(in ha.) | ||
| 1 | Roads | 02 | 5.3595 | Permission<br>granted | |
| 2 | Bus Stand | 02 | 1.2323 | ||
| 3 | Construction of<br>Bridge approach | 01 | 0.3185 | ||
| Total | 05 | 6.9103 |
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3.
IA No. 130847 of 2020
In this application, mention is made about two projects, at
page No.6 of the application.
| Name of Project | Amount Sanctioned | Sanctioned by |
|---|---|---|
| One green corridor<br>National Highway | 1337 Crores | MoRTH |
| Construction of Two lane<br>NH 20A (new NH 503) | 61.48 Crores | MoRTH |
The First project of Green Corridor National Highway is in
two parts, for each of which separate final approval has been
granted under Section 2 of the Forest Conservation Act, by
Ministry of Environment and Forest, Government of India. One
final approval dated 30.09.2020 is for diversion of 28.449 ha of
forest land and second final approval of the even date is for
diversion of 22.419 ha of forest land. Both these final approvals
are attached with the affidavit filed on 06.02.2021. The said final
approvals are taken on record.
So far as Second Project viz. Construction of Two lane
NH20A (new NH 503) is concerned, the final approval for the
same for diversion of 7.0713 ha of forest land has also been
granted u/s 2 of the Forest Conservation Act by the Ministry of
Environment and Forest, Government of India vide letter dated
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20.06.2020. This final approval dated 26.06.2020 is also
attached with the affidavit filed on 06.02.2021.
The final approvals are taken on record and the Government
may act accordingly.
4. IA No.87648 of 2020
The aforesaid I.A. is to be adjourned for 12 weeks. The
Committee appointed vide order dated 16.02.2018 may examine
the contents of this I.A while filing its further report regarding
result of Silviculture operations already undertaken.
5. The applications are disposed of accordingly.
……………………………..CJI
(S.A. BOBDE)
……………………………….J.
(A.S. BOPANNA)
………………………………..J.
(V. RAMASUBRAMANIAN)
New Delhi
February 15, 2021
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