T. N. GODAVARMAN THIRUMULKPAD ETC. versus UNION OF INDIA AND ORS.

T. N. GODAVARMAN THIRUMULKPAD ETC. versus UNION OF INDIA AND ORS.

Provisions of the Forest Conservation Act, 1980 and its requirement of prior Central Government approval for non-forest activities apply to all forests irrespective of their ownership or classification; saw mills, veneer mills, ply-wood mills, and mining are non-forest activities and any such operation without approval is a violation. The Court clarified that directions to suspend all such activities, impose bans on tree felling and timber movement in specified regions, and constituted committees for forest identification and monitoring are necessary for forest conservation and ecological balance.

Parties
Petitioner: T.N. Godavarman Thirumulpad; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
12 December 1996
Procedural Posture
Writ Petition Appeal No. 202 of 1995 Etc. / Interim Order on Writ Petitions Under Article 32
Outcome
Petition disposed of (Interim order passed)
Legal Topics
Forest Conservation, Deforestation, Ecological Balance, Wildlife Protection
Environmental Law Constitutional Law Forest Conservation Deforestation Ecological Balance Wildlife Protection

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Parties

T.N. Godavarman Thirumulpad

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition Appeal No. 202 of 1995 Etc. / Interim Order on Writ Petitions Under Article 32

Legal Issues

  1. 1 Applicability and object of Forest Conservation Act, 1980
  2. 2 Scope of 'forest' under the Act
  3. 3 Requirement of prior approval for non-forest activities in forest areas

Ratio Decidendi

Provisions of the Forest Conservation Act, 1980 and its requirement of prior Central Government approval for non-forest activities apply to all forests irrespective of their ownership or classification; saw mills, veneer mills, ply-wood mills, and mining are non-forest activities and any such operation without approval is a violation. The Court clarified that directions to suspend all such activities, impose bans on tree felling and timber movement in specified regions, and constituted committees for forest identification and monitoring are necessary for forest conservation and ecological balance.

Court Disposition

Petition disposed of (Interim order passed)

Orders

  • Ban on felling of trees in specified regions, except as per working plans approved by Central Government or permitted in particular circumstances.
  • Closure of all saw mills, veneer and ply-wood mills in Tirap and Changlang (Arunachal Pradesh) and within 100km of their border in Assam.