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Supreme Court of India · body

2008 DIGILAW 779 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2008-04-24

ARIJIT PASAYAT, K.G.BALAKRISHNAN, S.H.KAPADIA

body2008
ORDER : K.G. Balakrishnan, CJI., Taken on Board. 2. List on 9.5.2008. 3. State of Uttaranchal has filed application for exemption for certain projects such as drinking water supply, hospitals, dispensaries, schools, transmission lines, small hydro-electric projects etc. Most of these projects are exempted as per our order dated 28.3.2008. If there are any specific prayer for exemption from requirement of paying NPV, then the State to seek exemption regarding that project and file a separate application. I.A. is disposed of accordingly. I.A. NOS. 1135 & 1136, 1224 & 1225, 1233, 1385-1386 AND 1438 with 1639, 1671, 2098 4. These applications have been filed by Indian Wind Turbine Manufacturers' Association and other applicants who are engaged in the production of Wind Energy by developing of wind farming on forest land. Ms. Kanchan Committee Report recommended that these sort of wind projects be given exemption from payment of Net Present Value (NPV) to the extent of 90% and they may be allowed to start these projects on payment of 10%. CEC has examined the matter and suggested that these Wind Energy Projects be given exemption to the extent of 50% of the Net Present Value at the minimum rate, provided no tree felling is involved. Learned counsel appearing for the applicants contended that these Wind Energy Projects should have been completely exempted as they are producing electricity by Non Conventional Energy Sources and they are not causing damage to the forest. It is also argued that for similar projects CEC has recommended exemption and this Court has accepted. Learned Solicitor General and also learned amicus curiae supported recommendation of CEC that there should be payment of 50% of the NPV at the minimum rate provided no tree felling is involved. All these Wind farming projects producing electricity are profit motive projects. In order to have these projects, they have to erect various components namely turbine, corridors, transmission lines, sub-stations and erection platforms in the forest land. All these activities have to be carried out in the forest, so naturally forest land is being used for non-forest purposes. It is also be taken note of that after use of Wind farming for generation of electricity, the said forest cannot be restored to in its original form and there should not be forest activities in these areas. All these activities have to be carried out in the forest, so naturally forest land is being used for non-forest purposes. It is also be taken note of that after use of Wind farming for generation of electricity, the said forest cannot be restored to in its original form and there should not be forest activities in these areas. Of course, for production of electricity, the Wind Energy Projects should be encouraged as they are using non-renewable energy sources like fossil fuels for production of energy. 5. Nevertheless, these forest areas are being used, they shall be given exemption for 50% NPV. We accept the recommendations of CEC that these projects should pay 50 % of the NPV at the minimum rate charged, provided minimal tree felling is involved. 6. I.As are disposed of accordingly. 7. The question raised in these applications are covered by Order of this Court dated 28.3.2008. I.As. are disposed of as having become infructuous. I.A. Nos. 1229, 1248-1249, 1253 & 1371, 1435-1437, 1313, 1164, 1779, 1707, 1364 AND 1664. 8. List the applications on 9.5.2008. I.A. No. 1384 9. Learned counsel for the Northern Railway is not present. 10. Adjourned. I.A. No. 1312 11. State of Uttaranchal has filed application for exemption for use of forest land for construction of rural roads in the State of Uttaranchal particularly 'katcha' roads in hilly area. Most of these projects are exempted as per our order dated 28.3.2008. If there are any specific prayer for exemption from payment of NPV, then the State to seek exemption regarding that project and file a separate application. I.A. is disposed of accordingly. I.A. Nos. 1314 & 1316 12. State of Bihar has filed applications for exemption for certain projects regarding the construction of schools, dispensaries, hospitals, electric and telecommunication lines, drinking water, minor irrigation canals etc. Most of these projects are exempted as per our order dated 28.3.2008. If there is any specific payer for exemption from payment of NPV, then the State seek exemption regarding that project and file a separate application. I.As. are disposed of accordingly. I.A. Nos. 1387, 1434 & 1665 & 1316 13. These are applications filed by Ministry of Defence through Director, Military Training. If there is any specific payer for exemption from payment of NPV, then the State seek exemption regarding that project and file a separate application. I.As. are disposed of accordingly. I.A. Nos. 1387, 1434 & 1665 & 1316 13. These are applications filed by Ministry of Defence through Director, Military Training. The Defence Ministry wants to make use of some forest area for the purpose of Field Firing Ranges for training their members and submitted that no felling of trees are involved and there is no likelihood of destruction of forest, so exemption may be granted from payment of NPV. Exemption is granted. I.As. are allowed.