T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order will dispose of the I. As. noted above.

(2.) WRIT Petition (C) No. 202 of 1995 was filed as a PIL under Article 32 of the Constitution of India for and on behalf of the people living in and around the Nilgiri Forest on the Western Ghats. The petitioner sought to challenge the legality and the validity of the actions of the State of Tamil Nadu, the Collector, Nilgiris District and the District Forest Officer, Gudalur and the Timber Committee represented through the Collector, Nilgiris (Respondent Nos. 2 to 5 respectively), in destroying the tropical rain forest in the Gudalur and Nilgiri areas in violation of the Forest Act, 1927, Forest (Conservation) Act, 1980 and Tamil Nadu Hill Stations Preservation of Trees Act and the Environment (Protection) Act, 1986. This, according to the petitioner, has resulted in serious ecological imbalances affecting lives and livelihood of the people living in the State of Tamil Nadu.

(3.) APART from pointing out the provisions of the aforesaid Act, the petitioner also protested that the population living in the areas mentioned above is being deprived of the right to live in a clean and pollution free environment and, therefore, their fundamental rights protected under Article 21 of the Constitution of India are being violated. The petitioner pointed out that the preservation and protection of forests is recognized as essential for maintaining a clean and pollution free environment. He further pointed out that the rain forests, which are found only in the southern part of the Western Ghats contain several rarest species of plants and animals and also the main source of water supply to the rivers flowing from the Ghats. The large scale denuding of the green cover on the Western Ghats has resulted in shortage of water in the rivers and has adversely affected the people living on the water flowing from the rivers.