T.N. Godavaraman Thirumulkpad v.

Union of India & Others: Case analysis

ASSIGNMENT
ENVIRONMENTAL LAW

Submitted to: Submitted by:

Hrudya J Shajana.P.Shahul
Assistant Professor 3 Year LLB,1𝑠𝑡 Semester
( Environmental law faculty)

SREENARAYANA LAW COLLEGE, POOTHOTTA

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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

CASE ANALYSIS
T.N. Godavaraman Thirumulkpad v. Union of India [WP (Civil) No. 202
of 1995]

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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

CONTENTS

INTRODUCTION………………………………………………………………………4

FACT……………………………………………………………………………………5

ISSUES…………………………………………………………………………………6

LAWS DISCUSSED IN THE JUDGMENT…………………………………………...6

LEGAL REASONING FOR ISSUES………………………………………………….7

JUDGMENT……………………………………………………………………………10

NEGATIVE IMPACT OF THE JUDGMENT…………………………………………11

CONCLUSION…………………………………………………………………………11

REFERENCE…………………………………………………………………………...12

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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

INTRODUCTION
Decided at: The Honourable Supreme Court of India

Decided by: The Honourable Justices Mr. J Verma & B Kirpal

Decided on: 12/12/1996

Petitioner: T.N. Godavarman Thirumulkpad

Respondent: Union Of India & Ors.

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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

FACT
In the year 1995 T.N. Godavaraman Thirumulkpad filed a writ petition with the
Hon’ble Supreme Court of India ( T.N. Godavaraman Thirumulkpad v. Union of India [WP
(Civil) No. 202 of 1995]1 with an intention or main motive of protecting a part of the Nilgiris
forest from the clutches of illegal felling of timber leading to large scale deforestation. While
Mr. Godavaraman was travelling through a place called Gudalur he saw enormous areas of
forest land wherein trees were being cut in huge numbers and the logs of such timber were
being mutilated/stacked for the purpose of selling in the market.

A part of this particular forest cover was once owned by family of Mr. Godavaraman,
Nilambur Kovilakam. This act of cutting down of trees was a gross violation of varied rules
and legislations. Moreover, those responsible for cutting down such trees were only giving a
trivial amount as compensation against felling of such valuable trees. For instance, they only
paid Rs1000 to the state for 50 logs of rosewood. Becoming aware of this situation, he fulfilled
his fundamental duty of protecting and conservation of the forests and its natural resources by
filling a PIL with the apex court to protect such forests.

The supreme court expanded this case from a matter of ceasing illegal operations in
one forest into a reformation of the entire country’s forest policy. In its first order on the case,
the supreme court provided a temporary injunction in order to stop the tree felling across the
whole country which paralysed wood-based industries. Apart from this, a series of subsequent
orders with far-reaching implications, the case is still pending in the Supreme Court. In the
process of hearing over 800 interlocutory applications since 1996, the Court has assumed the
roles of policymaker, administrator of policy, and interpreter of law. The Supreme Court’s
vast assumption of powers concerning environmental issues has no precedence from past
cases, neither in India nor in other developing countries. This case opened a Pandora’s box
that continues to affect industries and forest dwellers.

1
. T.N. Godavaraman Thirumulkpad v. Union of India [WP (Civil) No. 202 of 1995]

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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

ISSUES

1. Whether the interpretation of Section 2 of the Forest Conservation Act is rightly

justified?
2. Whether the usage of timber for commercial purposes is justiciable?

LAWS DISCUSSED IN THE JUDGEMENT.

1. The Constitution of India 1950

2. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Rights) Act 2006
3. National Forest Policy
4. The Forest Conservation Act 1980
5. The Environment Protection Act 1986
6. The Wildlife Protection Act 1972
7. The Jammu and Kashmir Wildlife Protection Act 1978

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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

LEGAL REASONING FOR ISSUES

The Indian Forest Act of 19272 does not define forests, though forest areas have been
legally notified under it as reserve forest, protected forest or village forest. The Forest
Conservation Act of 1980 3 made central government approval mandatory before diverting
forestland for non-forest use.

The problem regarding the deterioration of the environment and majorly damage to
the forests which are rich in natural resources started with the increasing needs of the people
arising thanks to rapid climb of industrialization, migration of individuals from rural to urban
areas, need for more land for cultivation, housing and other purposes due to overpopulation,
etc. Huge chunks of forest lands were being cleared and used for non-forest or commercial
purposes like that of mining, illegal felling of timber resulting in deforestation etc.

Forests which are alleged to be the foremost valuable assets as the sustainability of a
nation and its people depend upon it for they supply us with eminent natural resources were
being exploited to an excellent extent which too without the adoption of compensatory
measures. Thus, leaving little or no scope for the replenishment of such resources, which is an
act of high risk because without such resources the longer term of the country would be
shrouded within the dark clouds of insecurity and scarcity of essential resources.

Forest (Conservation)Act, 1980 (FCA) and Judiciary

Forest (Conservation) Act, 1980" (FCA) which is a landmark in the history of the
protection of forests. Mainly, this Act was passed to remove the difficulties of the Forest Act,
1927 and to conserve the vegetation cover of the nation.
This historical Act consists of only five sections but has proved very effective and
successful in the conservation of the forests.

2
. The Indian Forest Act of 1927
3
.The Forest Conservation Act 1980
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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

The main object of the Act is “to provide for the conservation of forests and for matters
connected therewith or ancillary or incidental thereto". Conservation of forests is necessary as
deforestation causes ecological imbalance and leads to environmental deterioration.
Deforestation has been taking place on a large scale in the country and it has caused widespread
concern. Thus, the Act has been passed to conserve the forests and check deforestation
effectively.

Section 2 4of the Act places restrictions on de-reservation of forests or use of land for
“non forest purposes”. It provides:

...no State Government or other authority shall make, except with the prior approval of
the Central Government, any order directing—

i. that any reserved forest (within the meaning of the expression “reserved forest” in
any law for the time being in force in that State) or any portion thereof, shall cease to be
reserved;

ii. that any forest land or any portion thereof may be used for any non-forest purpose
iii. that any forest land or any portion thereof may be assigned by way of lease or otherwise
to any private person or to any authority, corporation, agency or any other organisation not
owned, managed or controlled by Government;

iv. that any forest land or any portion thereof may be cleared of trees I which have
grown naturally in that land or portion for the purpose of using it for reforestations

. The court has made it clear that Section 2 is prospective in its operation and any
regularisation order on or after 25 October 1980 cannot be without the prior approval of the
Central Government. The Act has put a blanket ban on the use of forest land or any part thereof

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. The Forest Conservation Act 1980
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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

for non-forest purposes and made it a mandatory requirement to seek prior approval of the
Central Government to make use of forestland for non-forest purposes.

This section states that no state government or any other authority can make use of land
of the forest for any non-forestry activities through the prior permission of the Central
Government. Concerning the new interpretation of Section 2 of the Forest Conservation Act
and forest land, it cannot de-reserve safeguarded forest for commercial activities without
consent. This means all forest ventures require the permission of the Central Government. For
example activities such as a sawmill, mining and plywood factory can function with the
approval of the Central Government.

A complete restriction is there on the transportation of cut trees and timber from any
part of the seven north eastern states of India. There should be no movement of wood through
rail, road or waterways from these parts. The India railways and the state authorities have taken
restrictive measures to protect and ensure there is no violation. The defendants were also asked
to find substitutes for wood. A high power committee was formed to look into the
implementation of the verdict and the orders made by the court. The committee formulates
inventory of timber and its commodities that the forest uses to transport the depots and mills
in that area. The high power committee gave strength to allow the usage and the sale of timber
goods if it was recognised by the State Forest Corporation.

The licenses that were with all the wood-based industries were cancelled. A new action
plan was instituted by the Principal Chief Conservator of Forest. This was to make the
intensive patrolling and safeguarding measure more stringent. And at the same time identify
vulnerable spots as per the quarterly report submitted and approved by the Central
Government.

The important highlight of the case is the presence of the Indian Constitution, which
deals with the powers of the Central and State governments concerning safeguarding and

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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

protection of the natural resources from illegal activities. Article 48A5 mentions that the state
will venture to secure and enhance the environment and also features a duty to guard the forest
and wildlife of our nation. Article 51A 6grant on all the citizens of India the requirement to
conserve and uplift the natural environment comprising rivers, lakes, forests, wildlife and to
possess benevolence towards all living beings.

JUDGMENT

The case of T.N. Godavaraman Thirumulkpad is an epitome of “continuous mandamus”

and a remarkable example of judicial activism as well as judicial overpowering where in at
some points it also depicts the adverse aspects of irrational/unreasonable judicial dominance
and lacunas in speedy disposal of cases by the Indian Judiciary. This case majorly focuses on
the role played by the Supreme Court of India and how is it overpowering rest of the courts
and other relevant authorities. A case of “continuing mandamus” means a case in which the
court instead of passing the final judgment has kept the case open for several years and is
continuously giving new orders, imposing new bans, or passing any new directions with a
motive/an intention to supervise the implementation and adherence of its various orders.

In this case of continuous mandamus the court has exceeded all its limits of delaying
the decision in a particular case as the case is going on in the apex court for almost 20 years
now and the court still not ready to wind up this case. Instead, at every hearing issues some
new directions and is continuously trying to maintain a strong close control on all types of non
forest activities taking place anywhere in or near the forests and also showcasing its
undefeatable dominance over other lower courts, authorities and tribunals. Moreover, the court
surpassed the boundaries of the doctrine of separation of powers and acted in sheer arbitrary
manner interfering from the root level up to the highest level. Therefore, this case portrays
both positive (protector of the environment) as well as negative (overstepping its mandate and
interfering with the role of other authorities) aspects of the Indian Judicial System.

5
. The constitution of India 1950
6
. The Constitution Of India 1950
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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

While the outcomes of the case of T.N. Godavaraman Thirumulkpad saw a major
downfall and shutting down of the majority of timber, other wood based and mining industries
due to the stringent ban imposed by the Apex Court on cutting down and transportation of
timber. On the other side of it, this case witnessed a spectacular instance of an awareness,
when a citizen,
Ultimately this case has to a great extent, acted as a catalyst and a huge support system
in protection and conservation of forests and its valuable natural resources and ensuring
sustainable utilization of such resources so that no harm is inflicted upon the present and the
future generations. The most important contribution of this case towards the environment, is
that proper and smooth operation of various legislations enacted to carry out environmental
activities.

NEGATIVE IMPACT OF THE JUDGMENT

The judgment made by the Supreme Court led to the creation of a large black
market of timber. This facilitated illegal activities in the forest land such as deforestation to
make use of the land for non-forestry activities. There was excessive intervention made by the
court in the functioning and working of the Ministry of Environment and Forest. Due to this,
the Ministry of Environment and Forest did not have a voice of their own; they were always
overpowered by the directions made by the court and its authorities. This case led to the
monopolisation of all powers in the hands of the Central Government. Now only the Central
Government had the authority to decide concerning environmental laws in India.

CONCLUSION

This case highlighted the need for maintaining and promoting forest productivity. It
facilitates the conservation of biological diversity. As well as safeguarding and protecting
environmental conditions were discussed in this case. The outcome of the case that country
has witnesses the decline and the closure of numerous timber industries. It also created
environment awareness among the citizens of India. It prohibited deforestation strictly. This
case plays vital and important role in environmental conservation and protection on a large

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 T.N. Godavaraman Thirumulkpad v. Union of India & Others: Case analysis

scale. The main contribution of this case was the efficient and smooth operation of various
laws in carrying out environmental activities.

REFERENCE

BIBLIOGRAPHIES

1. S.C. Shastri ; Environment Law, sixth edition

2. Indian Kanoon
3. Indian Penal code 1860
4. The Forest Conservation Act 1980

WEBSITES

1. http://www.bu.edu/law/journalsarchive/international/volume27n1/documents/worster.
pdf
2. http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199228423.001.000

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