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Constitutional · Reportable judgment

In Re: T.N. Godavarman Thirumulpad vs Union of India & Ors.

Court
Supreme Court of India
Date
29 November 2021
Case No.
Writ Petition (C) No.202/1995
Bench
L. Nageswara Rao, Bhushan Ramkrishna Gavai, B.V. Nagarathna
Citation
[2021] 10 S.C.R. 1146 : 2021 INSC 796
Supreme Court Reports [2021] 10 S.C.R. 1146 : 2021 INSC 796
Headnote

Environmental laws: Sustainable development – Preservation of the environment and ecology – Delhi Metro Project – Phase IV of MRTS Project – Implementation of, vis-a-vis preserving the ecology and environment of the areas surrounding the alignment of the metro railway – Issues pertaining to degradation of environment and ecology resulting in ‘Climate Change’ and problem of ‘greenhouse gas emissions’ – Held: Metro Projects has resulted in loss of vegetation as well as flora and fauna in certain areas – Implementation of Phase IV of MRTS Project is a further threat to the ecology of NCT of Delhi/NCR – Thus, to meaningfully arrest the problem of declining tree cover, the civil society to be given the collective responsibility to carry out reafforestation activities – Issuance of direction having regard to the precautionary principle as well as principle of sustainable development by ensuring citizens’ participation in the preservation of the environment and ecology – Direction to concerned departments to conceive plan of action for planting of saplings and trees in NCT of Delhi – Forest (Conservation) Act, 1980 – Forest (Conservation) Rules, 2003 – Delhi Preservation of Trees Act, 1994 – Wildlife Protection Act, 1972 – Environment (Protection) Act, 1986.

Lafarge Umiam Mining Corporation Vs. Union of India & Ors. (2011) 7 SCC 338 : [2011] 7 SCR 954; Milind Pariwakam & Anr. Vs. Union of India Original

Application No. 52 of 2015 (order dated 13.03.2015); Vimal Bhai Vs. Union of India Appeal No.7 of 2012 (order dated 07.11.2012); T.N. Godavarman

Thirumulpad Vs Union of India and Ors. Writ Petition (Civil) 202 of 1995 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by NAGARATHNA J. IA Nos.169030/2019 & 105674/2020 in Writ Petition (C) No.202/1995 With IA Nos.142873/2021, 142876/2021 & 144462/2021 In I.A. No.105674/2020 in Writ Petition (C) No.202/1995 1. Heard Sri Tushar Mehta, learned Solicitor General appearing for Union of India and Delhi Metro Rail Corporation Ltd; Sri Chirag M. Shroff, learned counsel appearing for the Government of National Capital Territory of Delhi (for short, the ‘GNCTD’), and Sri Rajiv Dutta, learned Senior Counsel appearing for the applicants and perused the material on record. 2. IA Nos.1
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