N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

The licensee carried out mining activities in violation of the Forest Conservation Act and statutory environmental regulations. State authorities were complicit or negligent but have now taken steps to recover sale proceeds, stop mining, prosecute erring officials, and blacklist the licensee. The CEC report is accepted; thus, further orders (including CBI inquiry) are unnecessary and the applications are disposed of as regards the licensee.

Parties
Petitioner: T. N. Godavarman Thirumulpad; Respondent: Union of India; Respondent: Anil Lunia; Respondent: State of Chhattisgarh
Jurisdiction
India
Judgment Date
14 September 2018
Procedural Posture
Interlocutory Application in Writ Petition (civil) / Disposal of Interlocutory Applications
Outcome
Applications disposed of as regards the licensee; no order as to costs.
Legal Topics
Forest Conservation, Mining Operations in Forest Areas, Forest Conservation Act Violation, Environmental Clearance, Disciplinary Action Against Officials
Environmental Law Forest Conservation Mining Operations in Forest Areas Forest Conservation Act Violation Environmental Clearance Disciplinary Action Against Officials

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Parties

T. N. Godavarman Thirumulpad

Petitioner

Union of India

Respondent

Anil Lunia

Respondent

State of Chhattisgarh

Respondent

Procedural Posture

Interlocutory Application in Writ Petition (civil) / Disposal of Interlocutory Applications

Legal Issues

  1. 1 Whether mining operations were conducted in forest area in violation of statutory environmental and forest laws
  2. 2 Whether disciplinary and penal action should be ordered against officials and licensee responsible for violations

Ratio Decidendi

The licensee carried out mining activities in violation of the Forest Conservation Act and statutory environmental regulations. State authorities were complicit or negligent but have now taken steps to recover sale proceeds, stop mining, prosecute erring officials, and blacklist the licensee. The CEC report is accepted; thus, further orders (including CBI inquiry) are unnecessary and the applications are disposed of as regards the licensee.

Court Disposition

Applications disposed of as regards the licensee; no order as to costs.

Orders

  • CEC report accepted.
  • State has taken necessary steps including recovery, cessation of mining, disciplinary proceedings, blacklisting licensee.