From the Civil Writ petition of T.

N Godavarman, a pattern of project clearances granted and

diversions allowed can be deduced.

The matters relating to Irrigation projects1 saw imposition of similar conditions. These
included that, before any felling of the trees is undertaken, the approval under the F.C. Act
for the non-forest use of the forest land involved in the project to be obtained and NPV to be
deposited of the forest land at the present rate in the Compensatory afforestation fund with in
undertaking that additional NPV, if determined will have to be paid.
For applications regarding laying transmission lines/ converting to double circuit 2, the court
generally sought to levy the conditions:
i.
ii.

iii.

iv.

v.

for use of forest land approval under the Forest (Conservation ) Act, 1980 will be
obtained
NPV for the forest land and non-forest land falling within the sanctuaries will be
deposited in the Compensatory Afforestation Fund as per the rates of the NPV
decided by this Hon'ble Supreme Court
5% of the estimated project cost will
be
deposited in the
Compensatory Afforestation Fund
Recommendations from the Standing Committee of the NBWL
other conditions laid down by the State Board for Wildlife

However in certain applications, the Court while imposing the above stated conditions, also
included the mandate that, no felling of trees will be permissible and that no night camping
will be allowed in the Sanctuary area3.
For matters before the Court seeking permission for construction of aerial ropeway projects,
the conditions similar to those imposed in matters pertaining to transmission lines were laid
down4.

1 Order dated 05.04.2007 in I.A.No.1666; Order dated 24.10.2008 in I.A.NO. 2347; Order dated
02.05.2008 ( Section V &VII of the Fourth Report of CEC in IA 1413)
2 order dated 20.02.2014, IA Nos. 3724; Order dated 02.09.2013 in IA NOS. 1480-1482; Order dated
21.10.2013 in IA No. 3675 (Report of CEC in Application No. 1361); Order dated 22.08.2014 I.A.
No.3790; Order dated 14.03.2013 in I.A. NOS. 3492 AND 3510-3511; Order dated 20.01.2014 in IA
Nos. 3724; Order on 30.04.2010 in I.A.No.2805; Order dated 09.04.2010 in I.A.NO.2845
3 order dated 20.03.2009 in I.A no. 2555; order dated 22.08.2014 in I.A. No.3790
4 Order dated 11.11.2013 in I.A. No 3674 (Report of Central Empowered Committee in Application
No. 1362); Order Dated 29.08.2014 in I.A No. 3708; Order dated 13.03.2013 in IA No. 3398; WP(C)
498/2003, order dated 19.04.2004

In matters pertaining to Hydroelectric power projects, the court imposes conditions 5 whereby
the felling of trees may be kept to a restricted number and must take place upon permission
obtained under the provisions of the FCA.
For dam construction and repair projects, the Court has in most of the cases allowed the same
on the fulfilment of conditions laid down by the CEC 6. These include deposition of 5% of the
estimated project cost and the strict compliance of Other conditions on which the Standing
Committee of the NBWL has cleared the proposal will be strictly complied with.
It may also be noted that, in all the matters wherein directly or indirectly the Courts decision
affects the wildlife, the Court asks for advisory recommendations from the standing
committee of NBWL7.
In case of renewal of mining lease, the court sought the fulfilment of the following
conditions: The amount for carrying out Compensatory Afforestation; The
mining lease should not have been transferred without obtaining the
requisite approvals under the MMRD Act and the FC Act; Mining lease
should not be within a distance of 1 km from the boundary of the National
Park or Wildlife Sanctuary; It should have the requisite environmental
clearance8

5 Order dated 13.08.2008 in I.A.No.2019; Order dated 08.05.2009 in I.A No.2223

6 Order dated 10.11.2008 in I.A.No.2335; Order dated 09.09.2013 in IA. No. 3676; Order Date
21.10.2013in IA No. 3483-3484
7 Order on 30.04.2010 in I.A.No.2805; Order dated 05.08.2013 in, I.A. No. 3619; Order dated
20.10.2008 in I.A.No.2071; Order dated 16.09.2005; Order dated 20.01.2014 in IA Nos. 3724; Order
dated 06.01.2014 in IA Nos. 3703-3705
8 Order dated 20.02.2009, in I.A.No.2439 (Eleventh Report of the CEC)