Full Text
CIVIL ORIGINAL JURISDICTION
AND
INTERLOCUTORY APPLICATION NO.121109 OF 2020
AND
INTERLOCUTORY APPLICATION NO.130847 OF 2020
INTERLOCUTORY APPLICATION NO.87648 OF 2020
IN
Writ Petition (Civil) No.202 OF 1995
IN RE: T.N. GODAVARMAN THIRUMULPAD Petitioner(s)
ORDER
1. The Government of Himachal Pradesh has come up with these applications praying for various reliefs including the relief of diversion of small extents of forest land for the purpose of carrying out certain public welfare projects. Some of these projects are already cleared under FCA and FRA, but some are not. The application numbers and the reliefs sought 2021 INSC 88 are presented in a tabular column for easy reference: Interlocutory Application Number Prayer 191338/2019 (Application for directions) Relax the restriction imposed on diversion of forest land under the Forest (Conservation) Act, 1980 vide order dated 11.3.2019 Relax the restriction imposed on diversion of forest land under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 vide or der dated 11.3.2019 Permit the State Himachal Pradesh, to issue formal orders for diversion of forest land under the Forest Act, 1980 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 for con struction of projects mentioned in para5 of the applica tion and, to issue formal order also in respect of project mentioned in para 6 of the application after receipt of final approval from Govt. of India under FCA, 1980. 55071/2020 Directions) Relax/remove the restriction imposed on diversion of for est land under the Forest (Conservation) Act, 1980 vide or der dated 11.3.2019 Relax/remove the restriction imposed on diversion of for est land under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 vide order dated 11.3.2019 Permit the State Himachal Pradesh, to issue formal orders for diversion of forest land under the Forest Act, 1980 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 for construction of projects mentioned in para 8 & 9 of this application and other projects which may be envisaged by the State in fu ture, in accordance with law i.e. strictly in accordance with the provisions of Forest (Conservation) Act, 1980 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. 87648/2020 Allow the State of Himachal Pradesh to carry out silvicul ture felling of Khair (Acacia catechu) trees in the forests areas of the State in accordance with the approved Work ing Plans 121109/2020 Allow the State of Himachal Pradesh to issue formal orders for diversion of forest land under the Forest (Conservation) Act, 1980 [FCA] and Scheduled Tribes and Other Tradi tional Forest Dwellers (Recognition of Forest Rights) Act, 2006 [FRA] for construction of projects mentioned in paras 12 & 13 of this application and other projects that may be envisaged by the State in future in accordance with law i.e.strictly with the provisions of FCA and FRA. 130847/2020 Allow the State of Himachal Pradesh to issue formal orders for diversion of forest land under the Forest (Conservation) Act, 1980 for construction of projects mentioned in Para 13 and detailed in Annexure A6 for all other projects that may be envisaged by the State in future, in accordance with law i.e. strictly with the provisions of Forest (Conser vation) Act, 1980 or the Scheduled Tribes and Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or other Statutes governing the field.
2. We have heard Shri Tushar Mehta, learned Solicitor General and Shri Ashok Sharma, learned Advocate General for the State of Himachal Pradesh, appearing for the applicant and Shri A.D.N. Rao, learned Amicus Curiae appointed by this Court. From the submissions made by Shri A.D.N. Rao, learned Amicus Curiae, it can be deciphered that some of the reliefs sought by the State of Himachal Pradesh can be straight away granted and some other reliefs can be granted subject to certain clearances. The projects for which permission may be granted and projects which can be permitted subject to certain conditions are also given in a tabular column as follows: Interlocutory Application Number Projects Projects permitted with or without condition (I) 191338/2019 S.No Activities No. of cases Area involved in ha.
5. Model School 1 2.08
6. Construction/upgr adation of Electric Substations 2 0.8529
7. Transmission line 1 36.4344
8. Hybrid Power Project (Solar+wind+battery storage) 1 5.5942
9. Extraction of river bed minerals 1 1.3918
10. Car parking 1 0.154863 Total 40 248.616263
(II) S.No. Activities No. of cases Area involved in ha. granted subject to the following rider: “If the permission of DFOs is granted prior to 11.3.2019, the project can be implemented. However, if the permission is not granted till 11.03.2019, the concerned DFO is allowed process, examine and decide grant of permission and if permission is so granted, such projects can be
5. Roads 191 101.6577
6. Schools 49 10.7082
7. Skill upgradation or Vocational Training Centers 05 2.6992
8. Tanks and other minor water bodies 05 0.8826
9. Fair price shop 01 0.02
10. Electric and Tele/Line 01 0.92 implemented and allowed to commence and complete.”
11. Minor Irrigation Cannel 01 0.12 Total 289 122.7475 55071/2020 (I) 34 projects under FCA, 1980 for which final approval given by Central Government, mentioned in Annexure A9 permitted (II) 96 projects under FRA, the proposals for which were received after 11.03.2019, given in Annexure A10 DFO concerned is permitted to process, examine and decide the grant of complete. (I) 121109/2020 S.No Projects No. of cases Forest land involved (in ha.)
1 Roads 37 161.7044 granted 2 Helipads 01 0.9898 3 Transmission Lines & Power Stations 04 51.8232 4 Sewerage Treatment Plants 02 1.72 5 Drinking Water Supply Schemes 05 71.1711 6 Hydro Power Projects 04 60.6863
(II) S.No Activities (as per list at pages 63 to 68 of application) No. of cases Area involved in ha./No. of trees involved
1 Anganwaris 01 0.007/0 Permission granted subject to the following rider: Proposals received after 11.3.2019. “Therefore, DFO concerned is permitted to process, examine and decide granted of complete.”
3. Roads 75 35.9618/
4. Schools 01 0.512/0
5. Tanks and other Minor Water Bodies 01 0.3415/0
6. Water/Rain Water Harvesting Structures 01 0.0384/0 Total 80 36.8747/ 130847/2020 Name of Project Amount sanctio ned Sanctioned by S.No Projects No. of cases Forest land involved (in ha.)
3. IA No. 130847 of 2020 In this application, mention is made about two projects, at page No.6 of the application. Name of Project Amount Sanctioned Sanctioned by One green corridor National Highway 1337 Crores MoRTH Construction of Two lane NH 20A (new NH 503)
61.48 Crores MoRTH The First project of Green Corridor National Highway is in two parts, for each of which separate final approval has been granted under Section 2 of the Forest Conservation Act, by Ministry of Environment and Forest, Government of India. One final approval dated 30.09.2020 is for diversion of 28.449 ha of forest land and second final approval of the even date is for diversion of 22.419 ha of forest land. Both these final approvals are attached with the affidavit filed on 06.02.2021. The said final approvals are taken on record. So far as Second Project viz. Construction of Two lane NH20A (new NH 503) is concerned, the final approval for the same for diversion of 7.0713 ha of forest land has also been granted u/s 2 of the Forest Conservation Act by the Ministry of Environment and Forest, Government of India vide letter dated 20.06.2020. This final approval dated 26.06.2020 is also attached with the affidavit filed on 06.02.2021. The final approvals are taken on record and the Government may act accordingly.
4. IA No.87648 of 2020 The aforesaid I.A. is to be adjourned for 12 weeks. The Committee appointed vide order dated 16.02.2018 may examine the contents of this I.A while filing its further report regarding result of Silviculture operations already undertaken.
5. The applications are disposed of accordingly. ……………………………..CJI (S.A. BOBDE) ……………………………….J. (A.S. BOPANNA) ………………………………..J. (V. RAMASUBRAMANIAN) New Delhi February 15, 2021