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L. NAGESWARA RAO, B. R. GAVAI, ANIRUDDHA BOSE
In Re: T. N. Godavarman Thirumulpad – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ANIRUDDHA BOSE, J.
These proceedings originate from the Writ Petition under Article 32 of the Constitution of India registered as W.P. (Civil) No. 202 of 1995 (T.N. Godavarman Thirumulpad v. Union of India and Ors.), which is in the nature of a public interest litigation. It was instituted for protection of forest lands in the Nilgiris district of the State of Tamil Nadu. Subsequently, the scope of that writ petition was enlarged so as to protect such natural resources throughout the country. The original writ petitioner has since passed away (on 1st June 2016) but in an order passed on 3rd February 2017, this Court opined that being a public interest litigation, there was no requirement for bringing on record the legal representatives of the deceased petitioner. The writ petition, in substance, continued with the cause title “in Re: T.N. Godavarman Thirumulpad v. Union of India & Ors”. Various Orders have been passed from time to time in this writ petition to ensure preservation of forest resources of this country in balance with economic activities. By an Order of this Court dated 9th May 2002, a Central Empowered Committee (“CEC”) was directed to be formed primarily for
Protection of forest land – Mining within national parks and wildlife sanctuaries shall not be permitted – No new permanent structure shall be permitted to come up for whatsoever purpose within ESZ.
Protection of Ecology – Necessity to have ESZs is to provide a buffer zone around Protected Areas – Rights of villagers residing in Protected Areas are required to be settled in accordance with provi....
''Zero Meter'' Eco-sensitive Zone- Law does not require a procedure akin to one, which is being followed at the time of making an environment impact assessment before giving clearance.
Environmental Clearance upheld for sand mining outside notified ESZ (2 km) and 1.8 km from wildlife sanctuary boundary; corrected typographical errors in forest certificates do not invalidate process....
The main legal point established in the judgment is the court's authority to protect wildlife and natural habitats, as well as to enforce mandatory guidelines for determining Eco-sensitive Zones laid....
The court reinforced the prohibition of mining within one kilometer of wildlife sanctuaries, emphasizing adherence to environmental protection laws.
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