LAWS(SC)-2010-4-112

T. N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA

Decided On April 22, 2010
T. N. Godavarman Thirumulpad Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The construction of the project at Noida is opposed by this public interest litigant inter alia on the ground that the site of the project was originally a forest area and about 6000 trees were cut down for making constructions there. The felling down of the trees and the constructions would also have an adverse impact on the bird sanctuary lying very close to the site of the project.

(2.) This aspect of the matter was not properly examined by the Ministry of Environment and Forests (MoEF) as the project site, in its opinion, was not a forest area. However, in the affidavit filed by the MoEF before this Court it was stated:

(3.) The MoEF is directed to make a study of the environmental impact of the project as stated in Para 4 of its affidavit. It should also suggest measures for undoing the environmental degradation, if any, caused by the project and the amelioration measures to safeguard the environment, with particular reference to the adjacent bird sanctuary.