TN Godavarman Thirumulpad v. Union of India
2024 INSC 78
Case Summary
[Article 21]
[Right to Environment]
Facts
This case originated as a public interest litigation highlighting the degradation of forest cover in India. The petitioner sought judicial intervention to ensure the effective implementation of forest conservation laws, particularly focusing on illegal deforestation and non-compliance with the Forest (Conservation) Act, 1980.
Issues
1. Whether forest lands were being used for non-forest purposes without necessary approval.
2. What measures should be taken to ensure the conservation and protection of forest resources?
Relevant Legal Provisions
- Forest (Conservation) Act, 1980: Restricts the use of forest land for non-forest purposes without prior approval from the central government, aiming to preserve ecological balance.
- Article 21, Constitution of India: Encompasses the right to a healthy environment as part of the fundamental right to life.
Explanation of Provisions:
- The Forest (Conservation) Act is a cornerstone law to prevent deforestation and maintain ecological stability.
- Article 21 ensures sustainable development and environmental protection for present and future generations.
Judgment
The Supreme Court established continuous monitoring mechanisms for forest protection, set up expert committees, and restricted the diversion of forest lands for non-forest purposes. The case became a landmark in environmental jurisprudence, ensuring judicial oversight in implementing conservation laws.
Rishita Vanjani
2nd year
Amity University Rajasthan
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