T.N. Godavarman v.

Thirumulpad – a case study

Ayush Verma December 7, 2020

Image Source - https://rb.gy/zdygke

This article is written by Jeffy Johnson, from School of

Law, Christ (Deemed to be University). This is an
exhaustive article which deals with the case analysis of
the T.N. Godavarman case.

Introduction
T.N. Godavarman has played a vital role with regards to
the conservation and protection of the environment. He is
popularly known as ‘the Green Man’. He has numerous
public interest litigations to his merits which deal with
conservation ideas and creating harmony with nature.
Environmental law is an area of national significance that
has been witnessed with the help of many NGOs and
private organisations. The apex court has played the role
of a catalyst in safeguarding the environmental concerns
by pronouncing various landmark judgements. This has
led to the creation of a whole new level of jurisprudence
which began with absolute liability. Now it includes
concepts such as the polluter pays principle, sustainable
development and the precautionary principle.

Facts of the case

In the case of T.N. Godavarman Thirumulpad v. Union of
India [WP (Civil) No. 202 of 1995], the Supreme Court left
behind the conventional role of an interpreter of the law
and took over various roles such as of the administrator,
lawmaker and policymaker. This landmark case is also
known as ‘the Forest Case in India’. This is because there
was a judicial overstepping the constitutional mandate
when the Supreme Court took over the matters of this
case. It was regarding the control and supervision of the
forests of India. T.N. Godavarman lodged a writ petition in
the year 1995 in the apex court of India. The main
objective of the writ petition was to safeguard and protect
the forest land of the Nilgiris as it was exploited through
deforestation by unlawful timber activities. The main
highlight of this case was that it was to conserve the
forest. It was followed by a hearing at full length regarding
the National Forest Policy. This was regarded as interim
directions that were required in relevant matters. This was
to check the enforcement and implementation of forest
laws and regulation within the subcontinent of India. The
Supreme Court issued directives to use the forest and its
resources sustainably. And also told that it should
incorporate a self-monitoring mechanism at the same
time. The court stated that an implementation system
should be formed at the regional and state level. This was
to control the transportation of timber.

Godavarman Thirumulpad had many critics. It deals with

the environmental rights of all and also the intervention of
the court. Only intervention or the encroachments of the
court can be exercised only when they are required.
Judicial interventions take place when the state fails in its
duty to function. The most well-known interventions made
by the court include the ban on the tree felling, regulate
timber industries, the prohibition of mining in Kudremukh
and with Aravallis, regulation of sawmills. Most notable
judgement on the concept of forest governance is the
imposition of levy known as Present Value for the
utilization of forest land for non-forestry purposes, the
establishment of the Compensatory Afforestation Fund, or
CAMPA, and therefore the system of seeking prior
approval from the Supreme Court for any business
activity. Therefore, one man’s efforts to stop forest
destruction in Gudalur led to a watershed legal
intervention, which has greatly contributed to the
conservation of forests. Godavarman Thirumulpad will
remain within legal history. He has a high place within the
hearts of conservationists.

Issues raised
1. Whether the new interpretation of Section 2 of the
Forest Conservation Act and forest land is violative?
2. Whether the usage of timber for commercial
purposes is justified?

Laws involved
 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

Critical analysis
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.

The court evaluated and examined the National Forest

Policy and the Forest Conservation Act 1980. This was to
cover the aspects of deforestation. It also examined the
word Forest according to the new definition and is subject
to Section 2 of the Forest Conservation Act 1980. 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 can not 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 northeastern
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 protection of the natural
resources from illegal activities. Article 48A 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 bestows 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.
Implications made
It is a crucial state of affairs of the environment especially
of the forests, T.N. Godavaraman, understanding the
plight of the forest and being a responsible citizen of
India, couldn’t resist but resort to revolt against such
illegal practices. He knocked the doors of the Indian
judiciary in search of some help from the Supreme Court.
This was to curb such practices which were causing harm
to the forests and environment. He sought to the apex
court by filing a PIL (Public Interest Litigation) expecting
the support of the court and a legal remedy to mitigate
the loss being caused to the forests and therefore the
natural environment by excessive non-forest activities on
forest lands.

It facilitated in reducing the errors in the implementation

of the Forest Conservation Act. It ensured the proper and
effective operation of the same. There was a complete
restriction and prohibition on unlawful activities such as
deforestation to make use of the forest land. That is using
the forest land for industrial purposes like cutting and
transportation of timber and other valuable resources of
the forest. This was done to incorporate new government
bodies to invigilate forest norms and policies. To ensure
that there is a regulatory forwork and mechanism to
ensure that the forest stays protected. Due to this
judgement, it paved the way to transparency and better
implementation of environmental laws in the country.

This case is a peak of continuous mandamus. It is the best

example of judicial activism and also for judicial
empowering. It also highlights certain adverse aspects of
unreasonable judicial dominance and its lacunas. This
case established the role of the apex court and other
prominent authorities in dispersing justice. Continuous
mandamus means when the court delays in decision
making and goes on up to 20 years and the case is still
not over. In every hearing, new directives are being issued.
The court also surpassed the doctrine of separation of
power. It acted irrationally and arbitrarily. Therefore this
case showcases both merits that are the protection of the
environment. And also the demerits of overstepping its
mandate and interfering with other authorities.

Negative aspects 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.

Although these stated above are the negative aspects of

the judgement. But there are numerous benefits
concerning the conservation of forest land from the
vicious timber mafia. This case showcases the relevance
of environmental justice in the court. And also the role of
environmental authorities. It highlighted the role played by
the judicial authorities and the court in exercising their
intervention on aspects of environmental matters. This
case witnessed the role played by environmental
authorities, courts and other related stakeholders.

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 T.N.
Godavarman v. Thirumulpas 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 has acted as a
stimulus in environmental conservation and protection on
a large scale. The main contribution of this case was the
efficient and smooth operation of various laws in carrying
out environmental activities.

References
https://www.thehindu.com/opinion/open-page/The-
architect-of-an-omnibus-forest-protection-
case/article14470903.ece
https://www.ecolex.org/details/court-decision/tn-
godavarman-thirumulkpad-vs-union-of-india-ors-
85854766-567f-40d1-b71f-dbaf72875709/

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