T.N. GODAVARMAN THIRUMULPAD Vs. U.O.I.

JUDGEMENT

(1.) In Interlocutory Application (I.A.) No.1308 of 2005 and other connected I.A.s in Writ Petition (C) No.202 of 1995, this Court on 5/10/2015 directed the National Board for Wildlife ('NBWL') to furnish a copy of the orders passed by it relating to matters of National Parks and Wildlife Sanctuaries. The Central Empowered Committee ('CEC') was given liberty to approach this Court by filling an appropriate application, if they were not satisfied with the decision of the Standing Committee of NBWL while other aggrieved parties were given the liberty to approach the appropriate forum.

(2.) In its 56th meeting held on 17/12/2019, the Standing Committee of NBWL recommended the proposal for wildlife clearance for doubling of existing railway line from Castlerock (Karnataka) to Kulem (Goa) involving 120.875 hectares of land within protected area and 113.857 hectares of land in non-protected area reserved forest 7.018 hectares, passing through Bhagwan Mahaveer Wildlife Sanctuary, subject to fulfilling certain conditions.

(3.) The Goa Foundation filed an application before the CEC on 26/6/2020 stating that the Standing Committee of NBWL had recommended granting wildlife clearances for doubling of 26 km stretch of the railway line in Western Ghats from Castlerock in Karnataka to Kulem in Goa in violation of the order passed by this Court on 5/10/2015. Apart from the objection to the project by Goa Foundation, a large number of appeals/representations were received by the CEC from scientists, researchers, ecologists, environmentalists, lawyers, veterinarians, artists, painters, illustrators, filmmakers, musicians, sculptures, students, villagers, tourism and travel trade. After examining the matter in detail, the CEC submitted Report No.6 of 2021 on 23/4/2021 in the application filed by Goa Foundation. In this report, the CEC recommended revocation of the permission granted by the Standing Committee for NBWL for doubling of the railway line passing through the ecologically sensitive Western Ghats from Tinaighat-Castlerock in Karnataka to Kulem in Goa involving 120.875 hectares of land as such permission was in violation of the guidelines issued by the Ministry of Environment, Forest and Climate Change (MOEF&CC) under the Wildlife Protection Act, 1972 and the order dtd. 5/10/2015.