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

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

The Court accepted the expert findings of IIT Bombay and NEERI that paving the main road (Dasturi Naka to Shivaji Maharaj Statue) with clay paver blocks is the best method to arrest soil erosion, and granted permission to lay clay paver blocks on that road subject to technical measures (no concrete bedding beneath clay pavers, include non-woven geotextile beneath sand bedding, cambering, contour bunds, lateral drains, rumble strips and other IIT/NEERI recommendations); it concurrently directed the State to stop the practice of hand-pulled carts/rickshaws within six months and to formulate and implement a rehabilitation/allotment scheme (modeled on the Kevadia/SoUADTGA scheme) to provide...

Parties
Petitioner: T.N. Godavarman Thirumulpad; Respondent: Union of India; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
06 August 2025
Procedural Posture
Writ Petition (c) No. 202 of 1995 / Original Jurisdiction Under Article 32; Disposal of Multiple I.a.s With Directions
Outcome
Applications disposed of; directions issued permitting clay paver blocks on main road with conditions and directing phased cessation of hand-pulled carts with rehabilitation scheme for affected persons
Legal Topics
Eco Sensitive Zone (esz), Paver Blocks, Clay Paver Blocks, Soil Erosion, E Rickshaws, Hand Pulled Rickshaws, Rehabilitation Schemes, Article 23 (forced Labour), Directive Principles
Environment Constitutional Law Administrative Law Labour Law Public Interest Litigation Eco Sensitive Zone (esz) Paver Blocks Clay Paver Blocks +6 more

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Parties

T.N. Godavarman Thirumulpad

Petitioner

Union of India

Respondent

State of Maharashtra

Respondent

Procedural Posture

Writ Petition (c) No. 202 of 1995 / Original Jurisdiction Under Article 32; Disposal of Multiple I.a.s With Directions

Legal Issues

  1. 1 Whether paver blocks should be permitted to be laid on the road between Dasturi Naka to Shivaji Maharaj Statue
  2. 2 If permitted, which type of paver blocks should be used
  3. 3 Whether e-rickshaws should be permitted on the said road

Ratio Decidendi

The Court accepted the expert findings of IIT Bombay and NEERI that paving the main road (Dasturi Naka to Shivaji Maharaj Statue) with clay paver blocks is the best method to arrest soil erosion, and granted permission to lay clay paver blocks on that road subject to technical measures (no concrete bedding beneath clay pavers, include non-woven geotextile beneath sand bedding, cambering, contour bunds, lateral drains, rumble strips and other IIT/NEERI recommendations); it concurrently directed the State to stop the practice of hand-pulled carts/rickshaws within six months and to formulate and implement a rehabilitation/allotment scheme (modeled on the Kevadia/SoUADTGA scheme) to provide...

Court Disposition

Applications disposed of; directions issued permitting clay paver blocks on main road with conditions and directing phased cessation of hand-pulled carts with rehabilitation scheme for affected persons

Orders

  • State Government permitted to lay clay paver blocks on road between Dasturi Naka and Shivaji Maharaj Statue, subject to implementation of IIT Bombay and NEERI recommendations and specifically prohibiting any concrete bedding beneath clay paver blocks; any existing concrete paver blocks or concrete bedding to be...
  • No paver blocks to be laid on internal roads or on trekking routes; paver blocks confined to the main road to preserve internal roads and trekking routes for trekkers and persons dependent on horses