IN RE : T.N. GODAVARMAN THIRUMULPAD — VERSUS — UNION OF INDIA

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1. Document Details:

Executive Overview:

The judgment pertains to multiple interlocutory applications from M/s Shewalkar Developers Ltd. regarding the construction of a health/eco-resort on land in Pachmarhi, Madhya Pradesh. The central dispute surrounds the designation of the land within or outside the Pachmarhi Wildlife Sanctuary and the resulting permissions required for construction. The Supreme Court ruled that the permission to construct should be objectively decided by the Central Empowered Committee (CEC) considering the land's status and compliance with environmental regulations, allowing Shewalkar's application under certain conditions.

Detailed Factual Matrix:

• The petitioner, M/s Shewalkar Developers Ltd. applied for permissions to construct an eco-resort on plots acquired in 1991.
• Writ Petition No. 14478 of 2006 was filed in the Madhya Pradesh High Court seeking a directive for the application to be considered.
• The Central Empowered Committee (CEC) evaluated the application but noted the land falls within the Pachmarhi Wildlife Sanctuary, thereby limiting construction permissions.
• Over years, various governmental actions regarding land status occurred, with petitions and appeals correlate with the legal ownership rights of prior owners and the State's claims.

Issues/Charges:

• Is the land on which M/s Shewalkar Developers seeks to build within the Pachmarhi Wildlife Sanctuary?
• What is the legal standing concerning permissions required for construction given the area's eco-sensitive status?
• Can the applicant's proprietary rights be infringed due to pending title litigations in lower courts?

Submissions of the Parties:

• Petitioner: The applicant argued valid ownership based on prior legal resolutions and the current undeveloped status of the land. They asserted that construction would not contravene environmental statutes, advocating that their rights must be recognised despite the ongoing litigation.

• Respondent: The state and additional respondents contended that the land is subject to wildlife protection laws, which prohibit construction and pointed to ongoing litigation regarding the title of the land, claiming that the applicant has no legal rights over the property.

Court’s Detailed Analysis & Reasoning:

Issue 1: Land Status Relative to Sanctuary

The Court confirmed that the applicant's plots fell outside the sanctuary boundaries per the latest state map provided, reinforcing the CEC's recommendation that construction be evaluated based on current environmental laws.

Issue 2: Permission for Construction

Acknowledging the eco-sensitive zone (ESZ) notification dated 9th August 2017, the Court emphasized that no new construction without proper authority would be permissible. However, the Court noted the applicant had the liberty to prove their land's position relative to such boundaries.

Issue 3: Rights Despite Litigation

The Supreme Court held that the applicant's proprietary rights should not be hindered solely based on the pendency of the State's appeal concerning historical land ownership. The final judgement stated that the applicant's rights had attained finality through previous unchallenged transactions, mandating that any construction approval by the CEC should be granted free from delays caused by pending litigation.

Precedents Cited:

• Wild Life (Protection) Act, 1972: Contextual cited laws regarding sanctuary and wildlife protection.
• Prior orders regarding boundary exclusion set forth by various committees and Indian law, relevant to the conservation of environmentally sensitive areas.

Final Outcome/Operative Order:

The Supreme Court directed the Central Empowered Committee to review the application of M/s Shewalkar Developers Ltd. for construction within two months, ensuring that the decision aligns with environmental regulations, particularly regarding the identified eco-sensitive zone. In the event of adverse decisions, the applicant is entitled to seek legal recourse.