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Supreme Court of India

T.N. GODAVARAMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

Decided
9 May 2008
Judges listed
K.G. BALAKRISHNAN, ARIJIT PASAYAT, S.H. KAPADIA (as the open data lists them; this may not name the whole bench)
Disposal
Disposed off

Citations

Official
[2008] 8 S.C.R. 152 · 2008 INSC 620

Cited by

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The Court's text

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On 28 March, 2008, we had passed an order regarding

p. 154, margin C

payment of Net Present Value (NPV) accepting the recommendations made by CEC which were more or less acceptable to MC!>EF. In that order we had also indicated that exemptions from payment of NPV have to be granted in respect of certain categories. However, it is brought to our notice that certain ty-

p. 154, margin C

pographical 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 NPV, the last part of that order reading "We are of the view ............... (x) construction of the transmission lines" on pages 10 to 11 shall st~nd substituted with the following :-

p. 154, margin D

Category CEC i) Schools Full exemption upto 1 ha. ii) Hospitals of forest land provided : iii) Children's play ground (a) no felling of trees is

p. 154, margin F

of non commercial nature involved; iv) Community centres in (b) alternate forest land

p. 154, margin F

rural areas is not available; v) Over-head tanks (c) the project is of nonvi) Village tanks, commercial nature vii) Laying of underground drinking water pipeline

pp. 154–155, margin G

upto 4 diameter and viii) Electricity distribution line upto 22 KV in rural

p. 155, margin A

areas. Relocation of villages from the National Parks/Sanctuary to alternate forest land Collection of boulders/silts from the river belts in the forest area Laying of underground opti- Full exemption provided : cal fibre cable (a) no felling of trees is

pp. 155–156, margin B

involved; and (b) areas falls outside National Park/Sane-

p. 156, margin A

tuary Pre-1980 regularisation of Full exemption provided encroachments and conver- these are strictly in accorsion of forest villages into dance with MoEF's Guiderevenue villages lines dated 18.9.1990. Underground mining 50% of the NPV of the en-

p. 156, margin B

tire area

p. 156, margin C

The above recommendations for exemptions are ac-

p. 156, margin D

cepted. 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. R.P. I.A. disposed of.

p. 156, margin D