SOUTHERN PETROCHEMICAL INDUSTRIES CORPN LTD Vs. S JOEL & ORS
LAWS(SC)-2019-2-86
SUPREME COURT OF INDIA
Decided on February 04,2019

SOUTHERN PETROCHEMICAL INDUSTRIES CORPN LTD Appellant
VERSUS
S JOEL And ORS Respondents

JUDGEMENT

- (1.) Appeals Admitted.
(2.) This batch of appeals arises from a decision of the National Green Tribunal1 dated 28 November 2018. ("The Tribunal")
(3.) On 15 June 2004, the Government of India in the Ministry of Environment and Forests ("MoEF") issued guidelines regulating the diversion of forest land for non-forest purposes under the Forest (Conservation) Act 1980. These guidelines were clarified on 3 January 2005. The guidelines delegate to the state governments the authority to permit diversion of forest land up to one hectare for the purpose of government departments for public utility purposes. The permissible activities are : "1. Schools; 2. Dispensary/hospital; 3. Electric and Telecommunication lines; 4. Drinking water; 5. Water/rainwater harvesting structures; 6. Minor irrigation canal; 7. Non-conventional sources of energy; 8. Skill up-gradation/vocational training centre; 9. Power sub-stations; 10. Communication posts; and 11. Police establishments like police stations/outposts/border outposts/ watch towers, in sensitive areas (identified by Ministry of Home Affairs)." (emphasis supplied);


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