T.N. GODAVARAMAN THIRUMULPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) On 28.03.2008, we had passed an order regarding payment of net present value (NPV) accepting the recommendations made by CEC which were more or less acceptable to MoEF. In that order we had also indicated that exemptions from payment of NPV have to be granted in respect of certain categories. However, it is brought to our notice that certain typographical mistakes had crept in that order as to categories to which such exemptions are to be granted. Therefore, we direct that as regards exemptions from payment of NPV, the last part of that order reading "We are of the view... (x) construction of the transmission lines" on pp. 11 to 12 [of the certified copy of the judgment] shall stand substituted with the following: ______________________________________________________________________________________ Category CEC ______________________________________________________________________________________ ( i) Schools Full exemption up to 1 ha of forest land provided: (ii) Hospitals (a) no felling of trees is involved; (iii) Children's playground of (b) alternate forest land is not non-commercial nature available; (iv) Community centers in rural (c) the project is of non-commercial areas nature and is part of the plan/non- plan scheme of the Government; and (v) Overhead tanks (d) the area is outside national park/sanctuary (vi ) Village tanks (vii) Laying of underground drinking water pipeline up to 4 (sic) diameter and (viii) Electricity distribution line up to 22 kV in rural areas Relocation of villages from the Full exemption national parks/sanctuary to alternate forest land Collection of boulders/silts from the Full exemption, provided: river belts in the forest area (a) area is outside national park/ sanctuary; (b) no mining lease is approved/ signed in respect of this area; (c) the works including the sale of boulders/silt are carried out departmentally or through government undertaking or through the Economic Development Committee or Joint Forest Management Committee; (d) the activity is necessary for conservation and protection of forests; and (e) the sale proceeds are used for protection/conservation of forests Laying of underground optical fiber cable Full exemption, provided: (a) no felling of trees is involved; and (b) areas fall outside national park/ sanctuary Pre-1980 regularization of Full exemption, provided these are encroachments and conversion of strictly in accordance with MoEF's forest villages into revenue villages guidelines dated 18-9-1990. Underground mining 50% of the NPV of the entire area

(2.) The above recommendations for exemptions are accepted. If, in any case, exemption is required by nature of the peculiar circumstances of the case, the same would be decided as and when necessary on a case-to-case basis.