2021 INSC 0075 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION 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 Respondent(s) UNION OF INDIA & ORS. O R D E R 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, Signature Not Verified but some are not. The application numbers and the reliefs sought 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 130847/2020 tional Forest Dwellers (Recognition of Forest Rights) Act, (Application for 2006 [FRA] for construction of projects mentioned in paras directions) 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. 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 Projects Projects Application Number (I) permitted with or without condition 3 191338/2019 S.No Activities No. of Area cases involved 1 Hydro Electric in ha. 2 Projects 3 7.3566 3 4 Roads 27 64.2176 5. 1 124.61 6. Indian Institute of 2 5.9239 7. Technology 1 2.08 8. 2 0.8529 Degree College Permission 9. 1 36.4344 granted 10. Model School 1 5.5942 S.No. Construction/upgr 1 1.3918 1 adation of Electric 1 0.154863 2 Substations 40 3 248.616263 4 Transmission line No. of cases Area 5. Hybrid Power involved 6. 02 in ha. 7. Project 13 0.028 (Solar+wind+battery 1.0529 8. 09 9. storage) 1.5648 10. 12 Extraction of river 3.0341 191 bed minerals 49 101.6577 05 10.7082 Car parking 2.6992 05 Total 0.8826 01 (II) 01 0.02 0.92 Activities Permission granted subject Anganwadis to the following rider: Community Centers "If the permission Dispensary or of DFOs is granted prior to 11.3.2019, hospital the project can be Drinking water implemented. supply and water However, if the pipeline permission is not Roads granted till Schools 11.03.2019, the Skill upgradation concerned DFO is or Vocational allowed process, Training Centers examine and Tanks and other decide grant of minor water bodies permission and if Fair price shop permission is so Electric and granted, such projects can be Tele/Line 4 11. Minor Irrigation 01 0.12 implemented and allowed to Cannel 289 122.7475 commence and Total 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. 121109/2020 S.No (I) No. of Forest Projects cases land 1 involved 2 Roads 37 (in ha.) 3 01 161.7044 4 Helipads 04 0.9898 5 51.8232 6 Transmission Lines 02 7 & Power Stations 1.72 05 Sewerage 71.1711 Permission Treatment Plants 04 granted 60.6863 Drinking Water 06 Supply Schemes 59 10.6575 358.7524 Hydro Power Projects Other Projects Total (II) 5 S.No Activities (as per No. of Area Permission list at pages 63 to cases involved granted subject 1 68 of application) in to the following 2 01 ha./No. rider: 3. Anganwaris 01 of trees Proposals 4. Community 75 involved received after 5. Centres 01 0.007/0 11.3.2019. 6. Roads 01 0.014/0 01 "Therefore, DFO Schools 35.9618/ Tanks and other 80 501 concerned is Minor Water Bodies 0.512/0 Water/Rain Water 0.3415/0 permitted to Harvesting Structures 0.0384/0 process, examine Total 36.8747/ 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 S.No Projects sanctio by ned 1 Roads No. of Forest Permission cases land granted 2 Bus Stand involved 02 (in ha.) 3 Construction of 02 Bridge approach 01 5.3595 1.2323 05 0.3185 Total 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 MoRTH One green corridor 1337 Crores National Highway MoRTH Construction of Two lane 61.48 Crores 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 8