Environmental Law:
Diversion of forest land for non-forest purposes – Guidelines in respect of – Issued by Union Government – Delegating the authority to State Governments to permit diversion of forest land upto one hectare for the purpose of Government departments for public utility purposes – Government of Tamil Nadu accorded approval for diversion of 0.055 hectares of forest land to Water Supply Drainage Board for public purpose as per the guidelines i.e. ‘drinking water purposes’ – Complaint before National Green Tribunal, that instead of confining the use of water for drinking purposes, the Board permitted the water for industrial purposes – Tribunal by its interim order dated 7.7.2017 granted status quo subject to the condition that the Board would scrutinize the need of water for industrial purpose and that sufficient quantity of water was available for drinking purpose – Tribunal finally disposed of the case directing the Board to use the water drawn under forest clearance only for drinking purposes and prohibited the use for industrial units – In appeal to Supreme Court, on the grievance raised by Tuticorin Power Plant as to difficulties in absence of regular water supply, the Court stayed the order of Tribunal in respect of that power plant subject to condition that drinking water needs were fully met – Held: Direction issued to the Collector to independently assess the situation as to ensure that need for drinking water and irrigation is not compromised; and whether surplus water is available after meeting the requirement for drinking water – If the Collector finds that there is surplus water, direction may be issued for allocating water for the industrial purposes – Till the decision is taken by the Collector, the interim order of Tribunal dated 7.7.2017 is restored – It is also directed that the Board and the State Government would decide the issue as to the proposal sent by the Board under Forest Conservation Act, to the State Government – Appeals disposed of – Forest Conservation Act, 1980.
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.
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