1. Monitoring implementation of court orders on environment protection and forest conservation matters. (Para 1 )
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2002 Supreme(SC) 644
Supreme Court of India
MR. B.N. KIRPAL, CJI., ARIJIT PASAYAT & H.K. SEMA, JJ.
T.N. Godavarman Thirumalpad
Versus
Union of India & Others
Writ Petition (C) No. 202 of 1995 With I.A. No. 295 In W.P. (C) No. 202 of 1995 & Writ Petition (C) No. 171 of 1996
Decided On : 09-05-2002
The court established an interim empowered committee to monitor compliance with environmental conservation orders and address grievances, serving as a temporary mechanism until a statutory agency is created under Section 3 of the Environment (Protection) Act, 1986.
Headnote:(A) Environment (Protection) Act, 1986 - Section 3 - Interim monitoring mechanism - Necessity of establishing a national-level committee to monitor implementation of court orders and report non-compliance regarding encroachment removals, working plans, compensatory afforestation, and other conservation issues. (Para 1)
(B) Jurisdiction and Powers of an Empowered Committee - Authority to examine interlocutory applications, government reports, and affidavits; power to address individual grievances regarding compliance; power to call for documents from government officials and summon persons to provide evidence on oath. (Paras 3, 4, 5)
(C) Composition and Reporting - Committee to be composed of a chairman, a ministry nominee, and representatives from non-governmental organizations, submitting quarterly reports to the court. (Paras 2, 8)
Facts of the case:
The matter involved the ongoing implementation of judicial orders relating to environmental conservation, where the need for a national body to monitor compliance, evaluate state reports, and handle related applications was identified.
Findings of Court:
It was determined that until a statutory agency is constituted under the relevant environmental law, an empowered committee is essential to bridge the administrative gap and ensure the effective execution of conservation mandates.
Issues: Whether an interim monitoring authority should be established to oversee the implementation of court-mandated environmental protections and resolve grievances related thereto.
Ratio Decidendi: The court held that to ensure the effective implementation of judicial orders on environmental conservation, an empowered committee can be created with specific investigative and monitoring powers until a statutory agency under Section 3 of the Environment (Protection) Act, 1986, is operational.
Result: I.A. No. 295 disposed of in the terms specified.
Legal Category Hierarchy
- environmental law
- practice and procedure
Table of Contents
2. Need for a statutory agency under Section 3, Environment (Protection) Act, 1986 — interim authority constituted. (Para 1 )
3. Necessary and expedient to constitute Central Empowered Committee for monitoring implementation and non-compliance of orders. (Para 1 , 2 )
4. Court may constitute interim authority to monitor implementation of its orders pending statutory agency formation. (Para 1 )
5. Central Empowered Committee constituted with specified composition, powers, and reporting requirements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 )
6. Can the court constitute an interim authority pending statutory agency formation under Section 3 of the Environment (Protection) Act, 1986?
Yes, it is necessary and expedient to constitute an authority at the national level for monitoring implementation of court orders. (Para 1 )
7. What are the powers of the Central Empowered Committee?
The Committee can call for documents, summon persons, receive evidence, seek assistance, co-opt members, and decide its own procedure. (Para 5 , 6 , 7 )
8. How may grievances against compliance with court orders be addressed?
Any individual may move the Committee, which may dispose of applications in conformity with court orders or refer them to the court. (Para 4 )
Judgment :
After hearing the learned Amicus Curiae, counsel for the parties and taking into consideration the suggestions placed before us by the learned Attorney General, we pass the following order:-
(1) It is submitted that till the Central Government constitutes a statutory agency as contemplated by Section 3 of the Environment (Protection) Act, 1986, it is necessary and expedient that an authority be constituted at the national level to be called Central Empowered Committee [hereinafter the Empowered Committee] for monitoring of implementation of Hon'ble Court's orders and to place the non-compliance cases before it, including in respect of encroachment removals, implementations of working plans, compensatory afforestation, plantations and other conservation issues.
(2) The Empowered Committee shall comprise of a Chairman to be nominated by Ministry of Environment and Forest [MoEF] in consultation with the Amicus Curiae. It will have one nominee of the MoEF, and two NGOs (also to be nominated in consultation with the Amicus Curiae).
Shri M.K. Jiwrajka will be its Member-Secretary. The persons so appointed (other than the nominee of the Ministry) shall not be removed without leave of the Court.
(3) Pending interlocutory applications in these two writ petitions as well as the reports and affidavits filed by the States in response to the orders made by the Court shall be examined by the Committee, and their recommendations will be placed before Hon'ble Court for orders.
(4) Any individual having any grievance against any steps taken by the Government or any other authority in purported compliance with the orders passed by this Hon'ble Court will be at liberty to move the Committee for seeking suitable relief. The Committee may dispose of such applications in conformity with the orders passed by Hon'ble Court. Any application which cannot be appropriately disposed of by the Committee may be referred by it to this Hon'ble Court.
(5) The Committee shall have the power to:
(a) Call for any documents from any person or the Government of the Union or the State or any other official;
(b) Summon any person and receive evidence from such person on oath either on affidavit or otherwise.
c) Seek assistance/presence of any person(s)/official(s) required by it in relation to its work.
(6) The Committee may decide its own procedure for dealing with applications and other issues. Union of India shall provide suitable and adequate office accommodation for the Committee. The expenditure incurred on the working of the Committee including salary/remuneration (to the extent not payable by the Government) to the members and supporting staff, may be met out of income accruing to the Special Investigating Team [SIT]. Necessary procedure for this may be formulated by the Committee in consultation with the SIT.
(7) The Committee is empowered to co-opt one or more persons as its members or as special invitees for dealing with specific issues. While dealing with issues pertaining to a particular State, wherever feasible, the Chief Secretary and Principal Chief Conservator of Forests of the State shall be co-opted as special invitees.
(8) The Committee shall submit quarterly reports to the Hon'ble Court. It will be at liberty to seek clarifications/modifications needed by it from Hon'ble Court.
I.A. No. 295 is disposed of in the aforesaid terms.
