Supreme Court of India

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & ORS.

Citation: 2008 INSC 227
Decided: 21 February 2008
Disposal: Disposed off
Bench: K G BALAKRISHNANARIJIT PASAYATS H KAPADIA

Holding

The Court directed the specific composition of the Central Empowered Committee and fixed its term of office at three years or until further orders, whichever is earlier.

Summary

The Supreme Court entertained an interlocutory application concerning the constitution of a Central Empowered Committee (CEC) under Section 3(3) of the Environment Protection Act, 1986. After considering submissions of the Solicitor General and an Amicus Curiae, the Court specified the composition of the CEC, naming a Chairman, Director‑General of Forests, Member Secretary and other members. It noted that one member, Shri M.K. Jiwrajka, would continue on deputation until 31 March 2009. The Court also fixed the term of office of the CEC at three years or until further orders, whichever is earlier. The interlocutory application was disposed of with these directions.

Issues considered

Whether the Supreme Court can prescribe the composition of the Central Empowered Committee under the Environment Protection Act, 1986.
Whether the term of office of the CEC can be fixed by the Court.

Legislation cited

Environment (Protection) Act, 1986s. 3(3)

Subjects

Environment Protection ActCentral Empowered Committeeforest conservationillegal felling of treesmining prohibitionwildlife sanctuariesArticle 32interlocutory application

Judgment

                               [2008] 3 S.C.R. 141
 r
                    T.N. GODAVARMAN THIRUMULPAD                            A
                                       v.
                          UNION OF INDIA & ORS.
                           (I.A. No. 2016 of 2007)

                            FEBRUARY 21, 2008
                                                                           B
  ,        (K.G. 6ALAKRISHNAN, CJ., DR. ARIJIT PASAYAT
-'                    AND S.H. KAPADIA, JJ.)

             Environment Protection Act, 1986:
            s.3(3) - Setting up of Central Empowered Committee - C
       In order to examine the cases of illegal felling of trees,
       prohibiting mining activities inside National Parks and Wildlife
       Sanctuaries and other forest areas and reguleting
       establishment of new wood-based industries - Committee
       constituted, as mentioned in the order - Term of office of CEC D
       would be three years.
            CIVIL ORIGINAL JURISDICITON: I.A. No.2016 of2007 in
       Writ Petition (Civil) No. 202 of 1995 Under Article 32 of the
       Constitution of India.
                                                                           E
               G.E. Vahanvati, Sol. Genl. for India, R. Mohan, A.S.G.,
         Harish N. Salve, (A.C.), U.U. Lalit, (A.C.), K.Amareswari, Ranjit
         Kumar, V.B. Singh, K.K. Venugopal, Shobha Dixit, Siddhartha''~.
         Chowdhury (A.C.), P.K. Manohar, Tapesh Kumar Singh, Dinesh
         Chandra Pandey, Ajit Kumar Sinha, Haris Beeran (for F. F
       . Parmeswaran). Virendra Parmar, Sunita Singh, Varun, Shefali
         Jain, Binu Tamta, Sushma Suri, Ng. J.R. Luwang, Riku Sarma
         (for M/s. Corporate Law Group), S.U.K. Sagar, Bina Madhavan,
         Hemal K. Sheth, (for Mis. Lawyers' Knit & Co.), Manish .
         Goswami, Ashok Panigrahi (for M/s. MAP & Co.},        s:·  Balaji, G
         Lakshmi Jayashankar, M.L. Lahoty Paban K. Sharma, Rachana
         Srivastava, Rani Chhabra, Anil Kr. Jha, (M/s. Fox Mandal & Co.~. ·
         J.K. Bhatia, Sridhar Potaraju, Pramod Dayal, Anil Kr. Srivastava,
      • Ritu Raj, Rameshwar Prasad Goyal, V.K. Verma, Ajit Pudussery,

                                      141                                 H
    142          SUPREME COURT REPORTS               [2008] 3 S.C.R.


A G. Prakash, Suparna Srivastava, Manish Sharma, Rajesh
  Srivastava, Jitendra Mohan Sharma and Gopal Singh for the
  appearing parties.
          1. We have considered the suggestions given by learned
    Solicitor General and learned Amicus Curiae regarding the
8   constitution of the Central Empowered Committee. The
    composition of CEC shall be as follows:
           The Order of the Court was delivered
           (1)   Shri P.V. Jayakrishnan, Chairman
c
           (2)   Shri P.R. Mohanty, Director General of Forests, MoEF
           (3)   Shri M.K. Jiwrajka, Member Secretary
           (4)   Shri S.K. Patnaik
D          (5)   Dr. M.K. Muttoo
           (6)   Shri Mahendar Vyas
           (7)   Shri Sanjeev Chaddha (Deputy Secretary)
E        2. Shri M.K. Jiwrajka is on deputation as of today as he
    belongs to the cadre of the Forest Officials in the State of
    Maharashtra which deputation is ordered to be continued till
    31.3.2009.
       3. Term of office of CEC would be three years or until further
F orders, whichever is earlier.
    R.P.                      lnteralocutory application disposed of.

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