VidhiSangh

Supreme Court of India · 29/11/2021

IN RE: T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & ORS.

[2021] 10 S.C.R. 1146 · 2021 INSC 796

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Summary

The Court directed DMRC to pursue statutory forest-clearance procedures for specified Phase IV Metro sites and Ridge areas rather than granting the requested declaration that the sites were non-forest or permitting unrestricted construction. GNCTD and the Ridge Management Board were to forward recommendations within one month of the respective applications, and the Union Ministry was to decide within three months of receipt. Independently, GNCTD and DMRC had to prepare a public-participation tree-planting and protection plan for submission within twelve weeks.

Issues

  1. Whether DMRC could obtain a non-forest declaration and unrestricted construction permission directly in the pending proceedings.
  2. What clearance process and environmental measures should govern the specified Metro sites and Ridge areas.

Provisions considered

Held

Result

Interlocutory applications disposed of with directions for statutory and Ridge clearance applications, time-bound recommendations and decisions, and submission of a tree-planting action plan within twelve weeks.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 1146.