S JAYACHANDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this Writ Petition, by way of Public Interest Litigation, is to the proceedings issued by the first respondent in No. 4-TNB594/2009-BAN dated 18.5.2009, whereby, the Government of India, Ministry of Environment and Forests, has given approval in principle (stage-1) under Section 2 of the Forest (Conservation) Act, 1960, (hereinafter referred to as "the Act"), for diversion of 2.98 Hectares of forest land in Vallakaradu Reserve Forest of Theni Forest Division/Theni District for construction of a new Bus stand at Theni by the Commissioner, Theni, Allinagaram Municipality, Theni District.

(2.) The petitioner claims to be the President of an association known as "Tamil Nadu Green Movement", involved in environmental activities. According to the petitioner, under Section 2 of the Act, no State Government or any authority shall use any portion of a forest land except with prior approval of the Central Government. But, in respect of the forest land in question, according to the petitioner, there has been no such approval obtained from the Central Government by the State Government for converting the same for the purpose of establishing a Bus stand. It is further contended that the Hon'ble Supreme Court in T.N. Godavarman Thirumulpad v. Union of India AIR 2005 SC 4256 : (2006) 1 SCC 1, has imposed a ban on felling of trees which are of spontaneous growth in both forest and plantation areas. In view of the said judgment, according to the petitioner, since there are spontaneous trees and plants available on the land in question, the impugned proceeding runs contrary to the ban imposed by the Hon'ble Supreme Court. It is further contended that it is a green lung area, which is acting as an oxygen factory for the town having about two lakhs population. If the proposed Bus stand is allowed within the reserve forest, the petitioner alleges, the entire reserve forest would be polluted by throwing of garbage, by plastic waste and forest will die a slow death by the unmindful encroachment and activities in the name of the development. Therefore, according to the petitioner, the impugned proceedings is liable to be quashed.

(3.) The first respondent has filed a detailed counter, wherein, inter alia, it is contended as follows: (i) The Environment and Forests Department, Government of Tamil Nadu, vide letter dated 30.3.2009 has submitted a proposal for diversion of 2.98 Hectares of forest land in question for construction of a new Bus stand at Theni for approval under the Act. (ii) The District Collector has certified that no suitable land is available in Theni Municipal area for the said project and that 14.7 Acres of suitable non- forest land is available for raising compensatory afforestation in Survey Nos.218, 219/2 and 220 of Kadamalikundu Village, Andipatty Taluk, Theni Forest Division. (iii) The State Forest Department has also reported that the proposed area contains the trees of Acacia melifera, Acacia ferruginea and Acacia planiforms grown through artificial generation in 1986 and other miscellaneous species planted in 2003. (iv) The proposal of the State Government was examined by the Central Government and considering the public utility of the proposed Bus stand, the Central Government vide letter No. 4/TNB594/2009-BAN, dated 18.5.2009, has accorded in principle approval subject to fulfilment of certain conditions. (v) The other contentions raised by the petitioner in the affidavit filed in support of the Writ Petition are stoutly refuted by the respondents.