T.N. Godavaraman Thirumulpad v. Union of India and Ors.
On 281h March, 2008, we had passed an order regarding
payment of Net Present Value (NPV) accepting the recommen-
D dations 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
pographical mistakes had crept in that order as to categories
E to which such exemptions are to be granted. Therefore, we di
rect 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 :-
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
of non commercial nature involved;
iv) Community centres in (b) alternate forest land
rural areas is not available;
v) Over-head tanks (c) the project is of non-
vi) Village tanks, commercial nature
T.N. GODAVARAMAN THIRUMULPAD v. 155
) UNION OF INDIAAND ORS.
vii) Laying of underground and is part of the Plan/ A
drinking water pipeline Non-Plan Scheme of
upto 4 diameter and Government; and
viii) Electricity distribution (d) the area is outside
line upto 22 KV in rural National Park/Sane-
areas. tuary B
Relocation of villages from Full Exemption
the National Parks/Sanctuary
to alternate forest land
Collection of boulders/silts Full exemption provided :
from the river belts in the for- (a) area is outside Na-
' est area tional Park/Sanctu-
ary;
(b) no mining lease is D
approved/signed in
respect of this area;
(c) the works including
the sale of boulders/
silt are carried out
departmentally or E
through Government
undertaking or
through the Eco-
nomic Development
Committee or Joint F
Forest Manage-
ment Committee;
(d) the activity is nee-
essary for conser-
vation and protec- G
tior'l of forests; and
(e) the sale proceeds are
used for protection/
conservation of forests
A Laying of underground opti- Full exemption provided :
cal fibre cable
(a) no felling of trees is
involved; and
(b) areas falls outside
B National Park/Sane-
tuary
Pre-1980 regularisation of Full exemption provided
encroachments and conver- these are strictly in accor-
c sion of forest villages into dance with MoEF's Guide-
revenue villages lines dated 18.9.1990.
Underground mining 50% of the NPV of the en-
tire area
The above recommendations for exemptions are ac
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.
(