Centre for Environmental Law (WWF) – India v. Union of India concerning national parks and sanctuaries

The very same petitioner Mr. M.C. Mehta file series of other public interest litigations concerning vehicular pollution, illegal mining, pollution of Ganga water, pollution of water by tanneries, Taj Mahal.  In many of these cases, Expert Committee were constituted and the court acted on these Expert Reports and issued various directions. In the case of Taj Mahal, directions were issued to protect that monument from pollution by air. Vehicular traffic was restricted in that area and directions were issued to clean the structure.

To ensure ecological stability, at least thirty percent of the nations’s area should be under adequate forest cover. There was large scale deforestation and the forest cover dwindled to less than eighteen percent. Originally, the forests were placed on the State List whereby the States alone could make legislation concerning forests. By 1976, the forests were placed under the Concurrent List and the Parliament also could make legislations on that subject. Despite the major steps taken by the Governments, the deforestation continued unabatedly. In 1996, Supreme Court issued sweeping directions to oversee the enforcement of Forest Laws across the nation. In T.N. Godavarman Tirumalpad vs Union of India, the Supreme Court to give effect to the provision of National Forest Policy 1988. The Court gave notice to the Union Government and State Governments. Forest must be understood according to its dictionary meaning and the description covers all statutory recognized forest, whether designated as ‘reserved’, ‘protected’ or not, including any area recorded in Government records as forest.

Forest Conservation Law has also been significantly been impacted through another case, Centre for Environmental Law (WWF) – India v. Union of India concerning national parks and sanctuaries. While hearing this case, the Supreme Court through one of its interim orders on 13-11-2000 has restrained all State Governments from de-reserving national parks, sanctuaries and forests.

The impact of both these judgments has been that : all on-going activities must be stopped – without prior approval of the Central Government. There would be complete ban on felling of trees. Feeling of trees in all forests is to remain suspended except in accordance with the working plans of the State Government, as approved by Central Government. Where permit system is in vogue, the Department of Forests or State Forest Corporation alone can cut trees. There shall be complete ban on movement of cut trees and timber from the North Easter States to other parts of the country, either by rail, road or waterways. Workers in the wood-based industries should be paid their usual wages. Ecologically-sensitive area is to be found out and totally excluded from exploitation.

In effect, all State Governments have been prohibited from using forest lands for non-forest purposes without the prior approval of the Central Government in accordance with the Forest Conservation Act, 1980. Through the same order the Court has also stayed all non-forest activities that were being carried out without the prior approval of the Central Government. Resultantly, the power to denotify/dereserve national parks and wild life sanctuaries that vested with the State Governments was transferred to the National Board for Wild Life through and Amendment that came into effect from 2003. By notify of the court’s orders even the National Board for Wild Life cannot exercise this power without the approval of the Supreme Court.

It may also be noted that the National Commission that is set up to review the working of the Constitution of India in its report submitted to the Central Government has recommended the addition of a separate article (30-D) in the Constitution of India which would confer the stature of a fundamental right within the Indian Constitution to the right to save drinking water, clean environment etc.