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  • THE GODAVARMAN STORY

    INDIAS FORESTS ANDTHE JUDICIARY

    WWF-India172 B, Lodhi EstateNew Delhi 110003, IndiaPhone: +91 11 41504775Email: vuppal@wwfindia.net

    Enviro Legal Defence Firm278, Sector 15-A, NOIDA-201301Uttar Pradesh, India Phone: +91-120-2517248Email: sanjay@eldfindia.com, su@vsnl.com

    Contact Information:

    Enviro Legal Defence FirmThe Enviro Legal Defence Firm (ELDF), Indias first environmental law firmestablished in 1999 aims at mainstreaming environment and developmentlaw, resolving conflicts over resources and strengthening environmentaljurisprudence. Specifically, ELDF represents individuals and organizations incourts and before administrative agencies in cases that would have significantimpact in protecting environment, resources and ecosystems and establishimportant precedents in case law; provides consultancy based research andtraining on environment and development law that can be used by others toprotect both urban and rural environment;

    WWF-IndiaWorld Wide Fund for Nature (WWF) is one of the worlds largest and mostrespected independent conservation organizations. Its mission is to stop thedegradation of the planets natural environment, which it addresses throughits work in biodiversity conservation and reduction of humanitys ecologicalfootprint. It has been working on these issues in India for over four decadesnow.

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  • INDIAS FORESTS AND

    THE JUDICIARY

    THE GODAVARMAN STORY

  • Contact Information:

    Enviro Legal Defence Firm

    278, Sector 15-A

    NOIDA-201301

    Uttar Pradesh, India

    Phone: +91-120-2517248

    Email: sanjay@eldfindia.com, su@vsnl.com

    WWF-India

    172 B, Lodhi Estate

    New Delhi 110003

    India

    Phone: +91-11-41504775

    Email: vuppal@wwfindia.net

    Citation: ELDF and WWF India 2009, Protection of Forests in India - The Godavarman Story, New Delhi

    Authored by Sanjay Upadhyay, Shilpa Chohan and Archana Vaidya

    Edited by Sejal Worah, Vishaish Uppal and Priya Gupta

    Cover Page: Avanti Mehta

    Photographs by Sejal Worah, Vishaish Uppal, Dipankar Ghose, Diwakar Sharma, G. Areendran, Khalid Pasha,

    Ameen Ahmed, Priya Gupta

    Published by World Wide Fund for Nature, New Delhi

    Printed at Printworks, F-25, Okhla Industrial Area, Phase-I, New Delhi-110020

    December 2009

    The contents of this report may be used by anyone providing acknowledgement to WWF/ELDF. The information

    herein has been obtained from sources, which the authors and publishers believe to be reliable. But the authors

    and publishers do not guarantee its accuracy or completeness. The authors and publishers make no representation

    or warranty, express or implied, concerning the fairness, accuracy, or completeness of the information and

    opinions contained herein. All opinions expressed herein are based on the authors and publishers judgment at the

    time of this report and are subject to change without notice due to economic, political, industry and firm-specific

    factors. The authors, publishers and any one associated with the report are not liable for any unintended errors

    and omissions, and opinions expressed herein. 2009 WWF and ELDF.

    Note: The map of India is not to scale and does not depict true boundaries and coast lines.

  • INDIAS FORESTS AND THE JUDICIARY - THE GODAVARMAN STORY

    | i |

    Acknowledgements

    The longest ever case on forestry with myriad of issues impacting governments, individuals, industry, state agencies,

    non governements, vulnerable and rich, associations and communities with so many significant orders changing

    the policy and legal discourse of Indian forestry can only be, at the most understood in parts, let alone written and

    analysed. Therefore this is a heroic and almost adventourous attempt to understand the Godavarman case in its

    entirety to see if there are emerging trends and patterns in judicial thinking. Understanding reams of legal documents,

    especially affidavits, Court orders, bad prints in any case has never been an easy task. Substantive legal analysis

    with precision therefore requires a team effort where so many people put in their bit although the primary authors

    take the credit. So let me begin by saying that although Shilpa, Archana and I are seen as principal authors of this

    effort, I would like to acknowledge our entire team at Enviro Legal Defence Firm including some who have left for

    greener pastures. Mohd Shawahiq Siddiqui, Amruta Sane, to name a few. ELDF interns have also put in their effort

    in putting this whole effort together. Saumya Tandon of Delhi University, Faculty of Law deserves special mention.

    The list would be incomplete without the initial discussants Dr. Sejal Worah, Ms. Tara Rao and Ms. Vishaish Uppal

    of WWF India and their support for the idea.

    I specially want to thank Ravi Singh, CEO and Secretary General, WWF- India for his constant support and

    guidance in this entire effort.

    Last but not the least Vishambar Dutt of ELDF for all the tireless typing of mundane Court orders and text which

    has almost made him a lawyer!

    Sanjay Upadhyay

    Advocate, Supreme Court of India and

    Managing Partner

    Enviro Legal Defence Firm

  • INDIAS FORESTS AND THE JUDICIARY - THE GODAVARMAN STORY

    | ii |

    List of Acronyms

    A.P. Arunachal Pradesh

    AAG Assistant Advocate General

    AC Amicus Curiae

    ACF Assistant Conservator of Forest

    AD Allain Duhangan

    ADIR Additional Director

    Adv. Advocate

    AIR All India Reporter

    ALT Andhra Law Times

    Anr. Another

    AOI Area of Interest

    ASG Additional Solicitor General

    ATR Action Taken Report

    B.S.N.L. Bharat Sanchar Nigam Limited

    BALCO Bharat Aluminium Company

    BMC Bombay Municipal Corporation

    CA Civil Appeal

    CAD Computer Aided Designing

    CAF Compensatory Afforestation Fund

    CAG Act Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act

    CAMPA Compensatory Afforestation Fund Management and Planning Agency

    CBI Central Bureau of Investigation

    CCF Chief Conservator of Forest

    CEC Central Empowered Committee

    CEL Centre for Environmental Law

    CEO Chief Executive Officer

    CHR Cardamon Hill Reserve

    CONMT.PET Contempt Petition

    CPWD Central Public Works Department

    CR Confidential Report

    CS Chief Secretary

    Cu.m Cubic Meter

    CVM Contingent Value Method

    CWP Civil Writ Petition

    DCSS Digital Conferencing and Switching System

    DDA Delhi Development Authority

    DFO District Forest Officer

  • INDIAS FORESTS AND THE JUDICIARY - THE GODAVARMAN STORY

    | iii |

    DGFA Directorate General for Fiscal Audits

    DGS & D Directorate General of Supplies and Disposals

    DIG Deputy Inspector General

    DM District Magistrate

    DUV Direct Use Values

    EC Empowered Committee

    EPA Environment (Protection) Act

    EPCA Environment Pollution Control Authority

    FCA Forest Conservation Act

    FDR Fixed Deposit Receipt

    FIMI Foundation of Indian Minerals Industries

    FIR First Information Report

    FSI Forest Survey of India

    GIS Geographical Information System

    GPS Global Positioning System

    GRIDCO Grid Corporation of Orissa

    ha Hectares

    HP Horsepower

    HPC High Powered Committee

    I.A. Interim Application

    IAS Indian Administrative Service

    ICFR&E Indian Council for Forestry Research and Education

    ICSSR Indian Council of Social Sciences Research

    IFS Indian Forest Service

    IG Inspector General

    IGF & SS Inspector General of Forests and Special Secretary

    IGP Inspector General of Police

    IIT Indian Institute of Technology

    IRS Indian Remote Sensing Satellite

    IUV Indirect Use Values

    J&K FCA Jammu and Kashmir Forest Conservation Act

    JSW Jindal Steel Works

    KIOCL Kudremukh Iron Ore Company Limited

    Kms Kilometers

    KPCL Karnataka Power Corporation Limited

    KV Kilovolt

    Ld. Learned

    LILO Linux Loader

    LISS Linear Imaging Self Scanning Sensor

    Ltd. Limited

    M.P. Madhya Pradesh

    MBD Malhotra Book Depot

  • INDIAS FORESTS AND THE JUDICIARY - THE GODAVARMAN STORY

    | iv |

    MD Managing Director

    MDSFC Managing Director State Forest Corporation

    MFP Minor Forest Produce

    MMRD Mines and Minerals (Regulation and Development) Act

    MoEF Ministry of Environment and Forests

    MOF Ministry of Finance

    M/s Messrs

    mt Meters

    MW Megawatt

    NBWL National Board of Wildlife

    NCT National Capital Territory

    NE North East

    NEC North East Council

    NHPC National Hydroelectric Power Corporation

    NMDC National Mineral Development Corporation

    NOC No Objection Certificate

    NP National Park

    NPV Net Present Value

    NRSA National Remote Sensing Agency

    NTFP Non Timber Forest Products

    NUV Non Use Value

    OCP Open Cast Project

    OFC Optical Fibre Cable

    OFDC Orissa Forest Development Corporation

    OMCL Orissa Mining Corporation Limited

    Ors. Others

    OV Optional Value

    PA Protected Area

    PCCF Principal Chief Conservator of Forest

    PGCIL Power Grid Corporation of India Limited

    PIL Public Interest Litigation

    PMGSY Pradhan Mantri Gram Sadak Yojana

    PSU Public Sector Undertaking

    PTR Panna Tiger Reserve

    PWD Public Works Department

    QPR Quarterly Progress Report

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