In Re : T.N. Godavarman Thirumulpad vs Union Of India And Ors.

INTERLOCUTORY APPLICATION NO.191338 OF 2019 WITH INTERLOCUTORY APPLICATION NO.55071 OF 2020 AND INTERLOCUTORY APPLICATION NO.121109 OF 2020 AND INTERLOCUTORY APPLICATION NO.130847 OF 2020 AND INTERLOCUTORY APPLICATION NO.87648 OF 2020 IN Writ Petition (Civil) No.202 OF 1995

IN RE: T.N. GODAVARMAN THIRUMULPAD Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(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 Signature Not Verified Digitally signed by Madhu Bala Date: 2021.02.15 17:04:44 IST Reason: 1 are presented in a tabular column for easy reference:

Interlocutory Prayer Application Number 191338/2019  Relax the restriction imposed on diversion of forest land (Application for under the Forest (Conservation) Act, 1980 vide order dated directions) 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  Relax/remove the restriction imposed on diversion of for­ (Application for est land under the Forest (Conservation) Act, 1980 vide or­ Directions) 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 (Application for ture felling of Khair (Acacia catechu) trees in the forests directions) areas of the State in accordance with the approved Work­ ing Plans 121109/2020  Allow the State of Himachal Pradesh to issue formal orders (Application for for diversion of forest land under the Forest (Conservation) directions) Act, 1980 [FCA] and Scheduled Tribes and Other Tradi­

2 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 (Application for for diversion of forest land under the Forest (Conservation) directions) 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 Projects Projects Application permitted with Number or without condition (I)

3 191338/2019 S.No Activities No. of Area cases involved in ha.

1 Hydro Electric 3 7.3566 Projects 2 Roads 27 64.2176 3 Indian Institute of 1 124.61 Technology 4 Degree College 2 5.9239

5. Model School 1 2.08 Permission

6. Construction/upgr 2 0.8529 granted adation of Electric Sub­stations

7. Transmission line 1 36.4344

8. Hybrid Power 1 5.5942 Project (Solar+wind+battery storage)

9. Extraction of river 1 1.3918 bed minerals

10. Car parking 1 0.154863 Total 40 248.616263

(II) S.No. Activities No. of Area Permission cases involved granted subject in ha. to the following 1 Anganwadis 02 0.028 rider:

2 Community 13 1.0529 Centers “If the permission 3 Dispensary or 09 1.5648 of DFOs is granted hospital prior to 11.3.2019, 4 Drinking water 12 3.0341 the project can be supply and water implemented. pipeline However, if the permission is not 5. Roads 191 101.6577 granted till 6. Schools 49 10.7082 11.03.2019, the 7. Skill upgradation 05 2.6992 concerned DFO is or Vocational allowed process, Training Centers examine and 8. Tanks and other 05 0.8826 decide grant of minor water bodies permission and if 9. Fair price shop 01 0.02 permission is so 10. Electric and 01 0.92 granted, such Tele/Line projects can be

4 11. Minor Irrigation 01 0.12 implemented and Cannel allowed to Total 289 122.7475 commence and complete.”

(I) 34 projects under FCA, 1980 for which 55071/2020 final approval given by Central permitted

Government, mentioned in Annexure A­9

(II) DFO concerned 96 projects under FRA, the proposals for is permitted to which were received after 11.03.2019, process, examine given in Annexure A­10 and decide the grant of permission and if permission is so granted, such projects can be implemented and allowed to commence and complete.

(I) S.No Projects No. of Forest 121109/2020 cases land involved (in ha.) 1 Roads 37 161.7044 2 Helipads 01 0.9898 3 Transmission Lines 04 51.8232 & Power Stations 4 Sewerage 02 1.72 Permission Treatment Plants granted 5 Drinking Water 05 71.1711 Supply Schemes 6 Hydro Power 04 60.6863 Projects 7 Other Projects 06 10.6575 Total 59 358.7524 (II)

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S.No Activities (as per No. of Area list at pages 63 to cases involved 68 of application) in ha./No. of trees involved 1 Anganwaris 01 0.007/0 Permission 2 Community 01 0.014/0 granted subject Centres to the following

3. Roads 75 35.9618/ rider:

501 Proposals

4. Schools 01 0.512/0 received after

5. Tanks and other 01 0.3415/0 11.3.2019.

Minor Water Bodies

6. Water/Rain Water 01 0.0384/0 “Therefore, DFO Harvesting concerned is Structures permitted to Total 80 36.8747/ process, examine 501 and decide granted of permission and if permission is so granted, such projects can be implemented and allowed to commence and complete.”

130847/2020 Name of Project Amount Sanctioned sanctio by ned S.No Projects No. of Forest cases land involved (in ha.) 1 Roads 02 5.3595 Permission 2 Bus Stand 02 1.2323 granted 3 Construction of 01 0.3185 Bridge approach Total 05 6.9103

6 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 1337 Crores MoRTH National Highway

Construction of Two lane 61.48 Crores MoRTH NH 20A (new NH 503)

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

7 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

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