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

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

Each national park or wildlife sanctuary must have an Eco-Sensitive Zone (ESZ) of at least one kilometre measured from the demarcated boundary (subject to special cases); mining within national parks and wildlife sanctuaries is prohibited; Jamua Ramgarh is a special case where a 500 metre ESZ is fixed for subsisting activities while new activities must respect one kilometre norm; subsisting activities within ESZ that are not prohibited may continue only with permission of the Principal Chief Conservator of Forests within six months; where States have not submitted site-specific proposals a 10 kilometre buffer shall be maintained until final decision; the CEC is to quantify compensation...

Parties
Original Writ Petitioner (public Interest Litigation): In Re: T.N. Godavarman Thirumulpad; Respondent(s): Union of India and Ors.
Jurisdiction
India
Judgment Date
03 June 2022
Procedural Posture
Writ Petition (civil) No. 202 of 1995 Under Article 32 / Interlocutory Applications Arising From CEC Reports (i.a. No.1000 of 2003 and Connected Ias) Disposed by This Order
Outcome
Interlocutory Application I.A. No.1000 of 2003 and connected IAs disposed with directions
Legal Topics
Eco Sensitive Zones (esz), Buffer/safety Zones Around National Parks and Wildlife Sanctuaries, Public Trust Doctrine, Precautionary Principle and Sustainable Development, Prohibition of Mining Within Protected Forests, Compensatory Afforestation and Reclamation
Environment Law Wild Life (protection) Act, 1972 Forest (conservation) Act, 1980 Mining Regulatory Law Administrative Law Eco Sensitive Zones (esz) Buffer/safety Zones Around National Parks and Wildlife Sanctuaries Public Trust Doctrine +3 more

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Parties

In Re: T.N. Godavarman Thirumulpad

Original Writ Petitioner (public Interest Litigation)

Union of India and Ors.

Respondent(s)

Procedural Posture

Writ Petition (civil) No. 202 of 1995 Under Article 32 / Interlocutory Applications Arising From CEC Reports (i.a. No.1000 of 2003 and Connected Ias) Disposed by This Order

Legal Issues

  1. 1 Scope and permissibility of mining activities in and around Jamua Ramgarh wildlife sanctuary
  2. 2 Whether eco-sensitive zones (ESZ) around national parks and wildlife sanctuaries should be uniform or site-specific and what minimum ESZ should be mandated
  3. 3 Whether subsisting non-prohibited activities within ESZ may continue and under what permissions and conditions

Ratio Decidendi

Each national park or wildlife sanctuary must have an Eco-Sensitive Zone (ESZ) of at least one kilometre measured from the demarcated boundary (subject to special cases); mining within national parks and wildlife sanctuaries is prohibited; Jamua Ramgarh is a special case where a 500 metre ESZ is fixed for subsisting activities while new activities must respect one kilometre norm; subsisting activities within ESZ that are not prohibited may continue only with permission of the Principal Chief Conservator of Forests within six months; where States have not submitted site-specific proposals a 10 kilometre buffer shall be maintained until final decision; the CEC is to quantify compensation...

Court Disposition

Interlocutory Application I.A. No.1000 of 2003 and connected IAs disposed with directions

Orders

  • Each national park and wildlife sanctuary must have an ESZ of minimum one kilometre measured from the demarcated boundary; Jamua Ramgarh sanctuary fixed as special case with 500 metres ESZ for subsisting activities and one kilometre ESZ for any new activities
  • If ESZ already prescribed by law exceeds one kilometre the wider buffer prevails, and proposed wider buffer under any statutory instrument shall be maintained until final decision