29 May 2025 Environment Protection >> Environmental Law  

The Supreme Court of India has recently delivered a series of strong directives in In Re : T.N. Godavarman Thirumulpad v/s Union of India & Others, highlighting its firm stance against environmental degradation and the alarming complicity or inaction of government officials. In multiple rulings, the Court has underscored the critical need for accountability and adherence to environmental protection norms, particularly concerning illegal mining and forest conservation.

Haryana Chief Secretary Under Scrutiny for Illegal Mining and Official Collusion:

In a scathing indictment, the Supreme Court has heavily criticized the Chief Secretary of Haryana and the Deputy Commissioner, Nuh, for their "utmost laxity" in addressing the construction of an illegal road facilitating illicit mining activities between Haryana and Rajasthan. The Court's observations stem from a report by the Central Empowered Committee (CEC), which revealed a shocking nexus between the mining mafia, the Sarpanch of the concerned village, and officials from the Revenue and Police Departments.

The Court noted that despite being informed of a meeting with the CEC, neither the Chief Secretary nor his representatives were present, attempting to "pass the buck" by blaming staff and other departments. The affidavit filed by the Chief Secretary dated May 15, 2025, drew sharp rebuke for its lack of explanation regarding the absence of senior officials and for attempting to shift blame to the Divisional Forest Officer (DFO).

The Supreme Court reminded the Chief Secretary that he heads all departments in the state and is not solely responsible for the Revenue Department. The Court also referenced its recent judgments in In Re: Construction of Multi-Storeyed Buildings in Forest Land of Maharashtra (May 15, 2025) and In Re: Zudpi Jungle Lands (May 22, 2025), where it had directed Chief Secretaries of all states and UTs to transfer reserved forest land to the Forest Department for proper management and conservation. The Court asserted that such a situation in Haryana could have been averted had these directives been followed earlier.

Expressing dismay that no action had been taken against the officers involved in such a "gross violation" that led to the "disappearance of some hills entirely," the Court strongly suggested that the mafia appears powerful enough to protect its members and the errant government officials.

The Supreme Court has given the Chief Secretary until July 15, 2025, to take immediate action against all erring officers and file a detailed affidavit. The Court explicitly warned of further legal steps against the Chief Secretary and other officers if the State Government fails to give due attention to the issue. Furthermore, the Chief Secretary has been directed to seek an explanation from the District Superintendent of Police, Nuh, regarding the failure to register FIRs and initiate investigations against the mafia members and errant officers. The matter is slated for further hearing on July 16, 2025.

CBI Concludes Investigation in Corbett Tiger Reserve Case, Chargesheet Filed:

In another significant development, the Central Bureau of Investigation (CBI) has completed its field investigation and filed a chargesheet against eight public servants in connection with environmental violations within the Corbett Tiger Reserve. This action follows directions from the Supreme Court's judgment on March 6, 2024, in In Re: Gaurav Kumar Bansal.

The CBI's chargesheet, filed under various sections of the Indian Penal Code, Prevention of Corruption Act, Indian Forest Act, Forest Conservation Act, and Wildlife (Protection) Act, targets officials including Shri Kishan Chand (then Deputy Conservator of Forest/DFO, Kalagarh Tiger Reserve Division), Shri Brij Bihari Sharma (then Forest Range Officer, Sonanadi & Pakhro Range), and Shri Rahul (then Director, Corbett Tiger Reserve), among others.

With the CBI bringing the matter to its "logical end," the applications concerning directions to the CBI have been disposed of. The case is scheduled to be heard on May 30, 2025.

Relaxation on Mining Near Peechi-Vazhani Wildlife Sanctuary in Kerala:

In a notable decision concerning mining activities near protected areas, the Supreme Court has allowed an applicant to continue quarry operations located 7.5 km from the Peechi-Vazhani Wildlife Sanctuary in Kerala. The Court addressed the applicant's grievance regarding a condition imposed by the State Level Environment Impact Assessment Authority, Kerala, which required wildlife clearance from the Standing Committee of the National Board for Wildlife (SCNBWL).

The Court referenced its earlier judgment of June 3, 2022, which prohibited mining within 10 km of wildlife sanctuaries and national parks, and its subsequent judgment of April 26, 2023, which reduced this distance to 1 km or the Eco-Sensitive Zone (ESZ). Given that the applicant's quarry is 8.54 km from the sanctuary and an inspection report from the Wildlife Warden indicated "insignificant" ecological impact, the Court declared that the area delineated in the MoEF draft notification would be treated as an ESZ until the final notification is issued. This allows the applicant to continue operations in compliance with the applicable regulatory framework.

Other Matters Adjourned:

Several other interlocutory applications, including those related to I.A. Nos. 285881 of 2024, 79569 and 79576 of 2019, 62990 & 62991 of 2025, 5891 of 2019, 100351 & 100352 of 2024, and 126582 of 2025, have been listed for hearing in July 2025. Additionally, notice has been issued for I.A. Nos. 122148 & 122149 of 2025, returnable in eight weeks. The issue regarding the order dated April 16, 2025, in W.P.(C) No. 4677 of 1985, will be listed after partial court working days. Lastly, applications I.A. Nos. 128159, 127240, and 127241 of 2025 were disposed of, with the State assuring that they would be treated as representations and considered by the Rationalization Committee.