T.N. Godavaraman Thirumulpad v. Union of India and Ors.

Judgment

The Order of the Court was delivered by On 281h March, 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 MC!>EF. 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 pages 10 to 11 shall st~nd substituted with the following :- Category CEC Schools Full exemption upto 1 ha. ii) Hospitals of forest land provided : iii) Children's play ground no felling of trees is of non commercial nature involved; iv) Community centres in alternate forest land rural areas is not available;

Over-head tanks the project is of nonvi) Village tanks, commercial nature T.N. GODAVARAMAN THIRUMULPAD v. UNION OF INDIAAND ORS. vii) Laying of underground and is part of the Plan/ drinking water pipeline Non-Plan Scheme of upto 4 diameter and Government; and viii)

Electricity distribution (d) the area is outside line upto 22 KV in rural National Park/Saneareas. tuary Relocation of villages from Full Exemption the National Parks/Sanctuary to alternate forest land Collection of boulders/silts Full exemption provided : from the river belts in the for- (a) area is outside Naest area tional Park/Sanctuary; no mining lease is approved/signed in respect of this area; 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; the activity is neeessary for conservation and protectior'l of forests; and the sale proceeds are used for protection/ conservation of forests Laying of underground opti- Full exemption provided : cal fibre cable no felling of trees is involved; and areas falls outside National Park/Sanetuary Pre-1980 regularisation of Full exemption provided encroachments and converthese are strictly in accorsion of forest villages into dance with MoEF's Guiderevenue villages lines dated 18.9.1990.

Underground mining 50% of the NPV of the entire area 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. R.P. I.A. disposed of.