Supreme Court Allows Himachal Pradesh Govt. Plea For Diversion Of Certain Extent Of Forest Land For Carrying Out Public Welfare Projects

The Supreme Court has allowed some applications filed by the Government of Himachal Pradesh seeking diversion of certain extent of forest land for the purpose of carrying out certain public welfare projects.

"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", the bench comprising CJI SA Bobde, Justices AS Bopanna and V. Ramasubramanian said in the order passed today (15th February).

The court granted permission to projects like Hydro Electric Projects, Roads, Indian Institute of Technology, Degree College,  Model School, Construction/upgradation of Electric Sub­stations, Transmission line, Hybrid Power Project (Solar+wind+battery storage), Extraction of river bed minerals, Car parking etc. The extent of land sought to be diverted is more than 700 ha. 

The court noted that some of these projects are already cleared under FCA and FRA, but some are not. The bench also recorded the approvals granted to project of Green Corridor National Highway and that of Construction of Two lane NH20A (new NH 503).

The bench, however, adjourned the application seeking to carry out silviculture felling of Khair (Acacia catechu) trees in the forests areas of the State in accordance with the approved Working Plans. It directed the committee to examine the contents of this I.A while filing its further report regarding result of Silviculture operations already undertaken.

CASE: RE: T.N. GODAVARMAN THIRUMULPAD vs. UNION OF INDIA & ORS.  

CORAM: CJI SA Bobde, Justices AS Bopanna and V. Ramasubramanian

CITATION: LL 2021 SC 86

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