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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, D.BHARATHA CHAKRAVARTHY
E.Rosemary – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. arguments on behalf of petitioners regarding vrs (Para 9 , 10 , 11 , 12 , 13) |
| 2. court's reasoning on the rights under fra (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 3. court's final directions regarding rehabilitation (Para 48 , 49 , 50) |
ORDER :
1. These are public interest litigations seeking to:
(i) protect the the rights of a group of people who were either Tea Plantation Workers on daily wage basis or employees in the Estates in Manjolai which was run by M/s. Bombay Burmah Trading Corporation (P) Limited (for short “BBTCL”) ;
(ii) challenging the applications received from the workers to permit them to go on Voluntary Retirement pursuant to the VRS announced by BBTCL on the ground that the workers were made to take VRS under duress;
(iii) direct respondents/State Government to take over the Manjolai, Kakakchi, Nalumukku and Oothu estates and run through the 13 th respondent namely Tamil Nadu Tea Plantation Corporation Limited (TANTEA)
(iv) protect the reserve forest from being used for commercial purposes and restore the forest lands
Tea plantation workers do not qualify as forest dwellers under the FRA, 2006, as they are employed by BBTCL and do not primarily depend on forest resources for livelihood.
The court emphasized the necessity of restoring forest ecosystems and removing encroachments to protect biodiversity and combat climate change, while ensuring rehabilitation for displaced workers.
In all matters falling with the ambit of the National Green Tribunal, it is only the jurisdiction of the National Green Tribunal which can be invoked; and the petitioners should not be permitted to i....
The court establishes that historical usage and socio-economic context of land use must influence zoning classifications, balancing environmental protection with community needs under the Forest (Con....
The establishment of a Tiger Safari in buffer zones is permissible under the Wild Life (Protection) Act, provided it adheres to ecological and statutory guidelines, emphasizing the public trust doctr....
: When Right to Life is guaranteed to the citizen of our great Nation, then protection of Environment including forests, lakes, rivers and wildlife are of paramount importance and without protecting ....
Particular piece of land is earmarked for public or communal purpose, it shall not be alienated even after change of classification of the land.
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