T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

The Supreme Court affirmed that 92 hectares were treated as constraint area not part of the ridge; constructions thereon must be made only after obtaining requisite environmental clearance. Ministry of Environment and Forests (MoEF) must take a decision regarding remedial measures, including possible imposition of costs, within 2 months.

Parties
Petitioner: T.N. Godavarman Thirumulpad; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
17 October 2006
Procedural Posture
Writ Petition (civil) / Disposal of Interlocutory Applications (ias) After Directions and Multiple Orders
Outcome
IAs disposed of; MoEF directed to decide on remedial measures and imposition of costs within two months.
Legal Topics
Environmental Clearance, Urban Development, Delhi Master Plan, Regulatory Compliance, Public Interest Litigation
Environmental Law Administrative Law Constitutional Law Environmental Clearance Urban Development Delhi Master Plan Regulatory Compliance Public Interest Litigation

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Parties

T.N. Godavarman Thirumulpad

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Disposal of Interlocutory Applications (ias) After Directions and Multiple Orders

Legal Issues

  1. 1 Whether construction on 92 hectares (constraint area) in Vasant Kunj, Delhi, violated environmental norms
  2. 2 Whether environmental clearance was required and obtained before construction
  3. 3 Whether unauthorized construction should be regularized or penalized

Ratio Decidendi

The Supreme Court affirmed that 92 hectares were treated as constraint area not part of the ridge; constructions thereon must be made only after obtaining requisite environmental clearance. Ministry of Environment and Forests (MoEF) must take a decision regarding remedial measures, including possible imposition of costs, within 2 months.

Court Disposition

IAs disposed of; MoEF directed to decide on remedial measures and imposition of costs within two months.

Orders

  • MoEF to take decision treating land as constraint area and consider remedial measures including imposition of amounts as costs within 2 months.
  • Constructions must abide by requirement of environmental clearance.