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2008 DIGILAW 920 (SC)

T. N. GODAVARMAN THIRUMULPAD (105) v. UNION OF INDIA

2008-05-09

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

body2008
ORDER 1. On 28-3-20081, we had passed an order regarding payment of net present value (NPY) accepting the recommendations made by CEC which were more or less acceptable to MoEF. In that order we had also indicated that exemptions from payment of NPY have to be granted in respect of certain c 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 NPY, the last part of that order reading "We are of the view ... (x) construction of the transmission lines" on pp. 11 to 12 [of the certified copy of the judgment] shall stand substituted with the following: ____________________________________________________________________ Category CEC ____________________________________________________________________ (i) Schools Full exemption up to 1 ha of forest land provided: (ii) Hospital (a) no felling of trees is involved; (iii) Children's playground non-commercial (b) alternate forest land is not nature Community centres in rural areas available; (iv) Community Centers in rular areas (c) the project is of non-commercial (v) Overhead tanks (d) the area is outside national park Sanctuary. (vi) Village tanks (vii) Laying of underground Drinking water pipeline up to 4 (Sic) diameter And (viii) electricity distribution line up to 22 kV in rular areas Relocation of villages from the Full exemption national parks/sanctuary to alternate forest land Collection of boulders/silts from the Full exemption, provided: river belts in the forest area (a) area is outside national park/sanctuary; (b) no mining lease is approved/ signed in respect of this area; (c) 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; (d) the activity is necessary for conservation and protection of forests; and (e) the sale proceeds are used for protection/conservation of forests Full exemption, provided: Laying of underground option Full exemption, provided: Fibre cable (a) no felling of trees is involved; and (b) areas fall outside national park/Sanctuary Pre-1980 regularisation of Full exemption, provided these are encroachments and conversion of strictly in accordance with MoEF's forest villages into revenue villages guidelines dated 18-9-1990. Underground mining 50% of the NPV of the entire area. 2. The above recommendations for exemptions are accepted. Underground mining 50% of the NPV of the entire area. 2. 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.