Appellants: T.N. Godavarman Thirumulpad Vs. Respondent: UOI

IN THE SUPREME COURT OF INDIA

Decided On: 10.07.2009

Appellants: T.N. Godavarman Thirumulpad 

Vs.

Respondent: UOI

Order:

I.A. No. 2143 in W.P. (C) No. 202/1995

1.      Pursuant to Orders passed by this Court, various agencies had deposited with CAMPA, amounts by way of Net Present Value (NPV) when the forest area was utilized for non-forest purposes. This Court has examined the scheme for utilization of the deposited amount for the purpose of afforestation and accepted the following recommendations:

a)      The guidelines and the structure of the State CAMPA as prepared by the MoEF may be notified/implemented. All previous orders passed by this Court regarding this would stand modified to the extent necessary for implementation of the present proposal.

b)      CAMPA is permitted to release, for the time being, the sum of about Rs.1000 crore per year, for the next 5 years, in proportion of 10% of the principal amount pertaining to the respective State/UT as per the following conditions: (i) The details of the bank account opened by the State Executive Committee (in Nationalized Bank) are intimated to CAMPA; (ii) The amount towards the NPV and the protected area may be released after the schemes have been reviewed by the State Level Executive committee and the Annual Plan of Operation is approved by the Steering Committee; (iii) The amount towards the CA, Additional CA, PCA and the Catchment Area Treatment Plan may be released in the respective bank accounts of the States/UTs immediately for taking up site specific works already approved by the MoEF while granting prior approval under the Forest (Conservation) Act, 1980.

c)      An amount up to 5% of the amount released to State CAMPA may also be released and utilized by National CAMPA Advisory Council, for monitoring and evaluation and for the implementation of the various schemes as given in para 19 of the Guidelines on State CAMPA.

d)      The State Accountant General shall carry out the audit of the expenditure done out of State CAMPA funds every year on annual basis. The State Level Executive Committee shall evolve an appropriate and effective accounting process for maintenance of accounts, returns and for audit.

e)      Till an alternative system is put in place (after obtaining permission from this Court) the money towards CA, NPV and Protected Areas (National Parks, Wildlife Sanctuaries) shall continue to be deposited in the Ad hoc CAMPA and its release will continue to be made as per the existing orders of this Court.

2.      While carrying out the work of utilizing these funds the broad guidelines adopted by the NREGA may be followed and as far as possible work may be allotted mostly to rural unemployed people, maintaining the minimum wages level.

I.A. No. 941 IN I.A. No. 754-755 WITH I.A. No. 777, 1131-1133, 1138-1146, 1148, 1184, 1272, 1361, 1579-1580 in WP(C) No. 202/1995 WITH W.P. (C) No. 356/2007

3. These matters relate to saw mills in the State of Orissa. This Court had earlier directed that there should be no saw mills within 10 kilometers from the boundary of the forest area. The saw mills which had obtained interim orders from the High Court must also be closed down immediately.

4. The Orissa Forest Corporation shall stop forthwith leasing its saw mills to private parties.

5. The State of Orissa to file a fresh affidavit to this effect within a period of four weeks. The State shall arrange to have an industrial estate and take urgent steps to this effect and shall also take steps to see that there shall be appropriate amendment to the Saw Mills Rules of 1991.

I.A. No. 1362-63 in 966 & 1012 in W.P. (C) No. 202/1995 

6.   The matter relates to the construction of the Lower Subansiri Hydro Electric Project by NHPC. An affidavit is filed by the Deputy Inspector General (Wildlife), Government of India stating that any proposal in the upper stream of Subansiri river would be considered independently on its own merit by the Standing committee as and when submitted by the proponents and the State Government would declare 168 sq. kms of Reserve Forest as Sanctuary and make serious efforts to bring an additional area of 332 sq km reserved forests under the category of Conservation Reserve in consultation with MoEF. Subject to the following conditions the I.As. are disposed of: i) approval under the F.C. Act for the project has been granted inter alia on the condition that the entire area upstream of the Lower Subansiri Project will be declared as National Park/Sanctuary; ii) the Standing Committee of the IBWL has cleared the project on the condition that the reserve forest area in the catchment of the project will be declared as National Park/Sanctuary; iii) the conditions imposed by this Court are identical to the conditions on which the project has been cleared under the FC Act and by the IBWL. These conditions were known to the State of Arunachal Pradesh and a compliance report was also sent by them; iv) This Court's order is a consent order which reiterates the conditions already imposed by the MoEF and to which applicant State had already agreed to comply with.

I.A. No. 2579 in W.P. (C) No. 202/1995

7. Permission is sought for construction of fencing and a patrol road along the Indo- Bangladesh Border in Dampa Tiger Reserve, Mizoram. As the project is for governmental purpose, the NPV will be charged at the concessional rates. Subject to payment of NPV and subject to the following conditions imposed by CEC, the project is cleared: i) for the use of 69.26 ha. of forest land approval under the FC Act will be obtained; ii) NPV will be deposited as per the rates applicable for the use of forest/ non-forest land falling within the National Park/Wildlife Sanctuary; iii) the mitigative measures and the other conditions including the construction of animal corridors on which the project has been cleared by the Mizoram Forest Deparment will be strictly followed; iv) the conditions imposed by the Chief Wildlife Warden will be strictly complied with; v) the clearance from the Standing Committee of the National Board for Wildlife will be obtained; and vi) no stone quarrying and dumping of malba will be carried out inside the Dampa Tiger Reserve or any forest area falling outside it.