T .N. Godavarman Thirumalpadu Case

Context

The Supreme Court of India has temporarily suspended the implementation of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 2023, which activists and experts claimed diluted environmental protections for forests.

T.N. Godavarman Thirumalpadu Case

The T.N. Godavarman Thirumulpad case was a landmark case in India that dealt with the issue of environmental protection.

• The case was filed by T.N. Godavarman Thirumulpad, an environmental activist, against the Union of India and others.
• The case challenged the legality of the clearance granted by the Standing Committee of the National Board for Wildlife (NBWL) for the doubling of the existing railway line from Castlerock (Karnataka) to Kulem (Goa).
• The petitioner argued that the project would have a negative impact on the environment, especially in the protected area and wildlife sanctuary.
• The Supreme Court agreed with the petitioner and held that the NBWL had not properly considered the environmental impact of the project. The Court also held that the project was in violation of the Forest Conservation Act, 1980.
• N. Godavarman Thirumulpad vs Union of India Case (1996), concerned authorities used to apply the provisions of the Act only to the forests notified under the Indian Forest Act of 1927.
• As per Judgement “forest” covered include: All areas recorded as “forest” in any government (Union and State) record.

All areas that conformed to the “dictionary” meaning of forest. Areas identified as “forests” by an expert committee of SC.

The Supreme Court’s decision in the T.N. Godavarman Thirumulpad case was a significant victory for environmental protection in India. The case set an important precedent for the consideration of environmental impact assessments in infrastructure projects. The case also highlighted the importance of public participation in environmental decision-making.

The T.N. Godavarman Thirumulpad case has been cited in several subsequent cases dealing with environmental protection. The case has also been praised by environmentalists and legal scholars. The case is considered to be a landmark case in the development of environmental law in India.