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

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

The Supreme Court held that effective implementation of Compensatory Afforestation and protection of forests necessitates annual release of 10% of principal CAMPA funds to respective States/UTs from financial year 2014-15 onwards, subject to comprehensive guidelines on their usage, audit requirements, and ongoing judicial oversight. Earlier orders restricting annual outflow are modified; use of funds requires leave of court.

Parties
Petitioner: T. N. Godavarman Thirumulpad; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
12 March 2014
Procedural Posture
Writ Petition (civil) No. 202 of 1995 and I.a. Nos. 2143 With 2283, 3088, 3461, 3479, 3693 in 2143, 827, 1122, 1337, 1473 and 1620 and 1693 in 1473 and 3618 / Disposition of Interlocutory Applications
Outcome
Interlocutory Applications disposed of with directions
Legal Topics
Forest Conservation, Compensatory Afforestation, Public Interest Litigation, CAMPA Fund Management, Article 21 – Right to Environment
Environmental Law Constitutional Law Forest Conservation Compensatory Afforestation Public Interest Litigation CAMPA Fund Management Article 21 – Right to Environment

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Parties

T. N. Godavarman Thirumulpad

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 202 of 1995 and I.a. Nos. 2143 With 2283, 3088, 3461, 3479, 3693 in 2143, 827, 1122, 1337, 1473 and 1620 and 1693 in 1473 and 3618 / Disposition of Interlocutory Applications

Legal Issues

  1. 1 Destruction of tropical rain forests in Gudalur and Nilgiri resulting in ecological imbalance and affecting livelihoods
  2. 2 Release and management of Compulsory Afforestation Fund (CAMPA)
  3. 3 Principles governing utilisation of CAMPA funds

Ratio Decidendi

The Supreme Court held that effective implementation of Compensatory Afforestation and protection of forests necessitates annual release of 10% of principal CAMPA funds to respective States/UTs from financial year 2014-15 onwards, subject to comprehensive guidelines on their usage, audit requirements, and ongoing judicial oversight. Earlier orders restricting annual outflow are modified; use of funds requires leave of court.

Court Disposition

Interlocutory Applications disposed of with directions

Orders

  • National CAMPA Advisory Council to finalize and issue guidelines on permissible and impermissible use of CAMPA funds before 1st May 2014.
  • Ad-hoc CAMPA permitted to release annual amount equal to 10% of principal to States/UTs out of interest from financial year 2014-15 onwards, subject to conditions.