VidhiSangh

Supreme Court of India · 03/06/2022

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

[2022] 17 S.C.R. 1122 · 2022 INSC 635

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Summary

In the long-running T.N. Godavarman forest litigation, the Court disposed of I.A. No. 1000 of 2003, which arose from the Central Empowered Committee's 2003 report on the ravaging of the Jamua Ramgarh wildlife sanctuary near Jaipur by miners operating on temporary working permits, and dealt with the wider question of eco-sensitive zones (ESZ) around national parks and wildlife sanctuaries, on which the CEC's 2012 report, the MoEF's Guidelines of 09.02.2011 and the Standing Committee of the National Board for Wildlife had expressed views. Applying the public trust doctrine, the precautionary principle and sustainable development, the Court rejected the miners' pleas to resume mining in or near the sanctuary and the State of Rajasthan's economic justification.

Issues

  1. Whether mining lease holders who worked inside or at the edge of the Jamua Ramgarh wildlife sanctuary on temporary working permits may resume mining, and whether the sanctuary was validly declared under Section 18 of the Wild Life (Protection) Act, 1972 without a Section 26A notification.
  2. What minimum eco-sensitive zone must be maintained around national parks and wildlife sanctuaries across the country, whether it should be uniform or site-specific, and what activities may continue within it.
  3. Whether affected persons may be impleaded in a public interest litigation of in rem character, and how the Court should treat a State's plea to open protected areas and buffer zones for commercial exploitation.

Provisions considered

Held

Result

I.A. No. 1000 of 2003 disposed of with directions: a minimum one-kilometre eco-sensitive zone around every national park and wildlife sanctuary (500 metres for subsisting activities at Jamua Ramgarh), mining within protected areas prohibited, no new permanent structures within ESZs, State compliance reports within three months, and the CEC to quantify compensation from Jamua Ramgarh miners within four months; mining firms impleaded but their prayers to resume mining rejected; unrelated applications to be listed separately; Goa Foundation petitions to be heard with this petition.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 1122.