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TMI Blog2024 (4) TMI 1155X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1317 F, these lands were not shown as private lands by the defendant, among other factual findings. It is indeed very strange that the High Court which is expected to act within the statutory limitation went beyond and graciously gifted the forest land to a private person who could not prove his title. While disposing of the first appeal, the High Court exercised its power under Order XLI Rule 22 of the CPC 1908 for partly reversing the trial court decree. Even otherwise, there were concurrent findings in so far as dismissal of the suit for injunction is concerned - the High Court showed utmost interest and benevolence in allowing the review by setting aside the well merited judgment in the appeal by replacing its views in all material aspects. The suit filed is not maintainable as the plaintiff has not challenged the proceedings under Section 15 of A. P. Forest Act. These have become final and conclusive in view of the express declaration provided under the statute in Section 16 of A. P. Forest Act. Rather, the plaintiff filed an application for denotification before the Government which was rejected. Neither the State Government, which rejected the said application, nor the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aling with a case where an instrumentality of the State, despite a categorical finding of the suit property being a forest land, took different stands, but finally rectified by way of an affidavit before this Court. This act of taking different stands resulted in facilitating the impugned order being passed in favour of the respondents, setting aside the concurrent judgments rendered by two courts below, on appreciation of fact and law. 5. Heard Learned Additional Solicitor General Ms. Aishwarya Bhati for Appellants and Learned Senior Counsel Mr. Neeraj Kishan Kaul, Mr. L Narsimha Reddy for Respondents, perused the entire record, including the affidavits filed. THE ANDHRA PRADESH FOREST ACT, 1967 6. The Andhra Pradesh Forest Act, 1967 (hereinafter referred to as the A.P. Forest Act ) has been enacted with a laudable objective of conserving, protecting and extending the forest cover, with a sound mechanism to deal with all the disputes arising thereunder while declaring land as reserved forest. As this Act is only a Consolidating Act, it is necessary that the objects and reasons of the Madras Act are incorporated so that the objects and reasons for this Act can as well be known. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer under this Act or any rule or order made thereunder; but does not include a Forest Settlement Officer appointed under Clause (c) of sub-section (1) of Section 4; Section 4 of the A.P. Forest Act 4. Notification by Government:- (1) Whenever it is proposed to constitute any land as a reserved forest, the Government shall publish a notification in the Andhra Pradesh Gazette and in the District Gazette concerned in any; (a) specifying, as nearly as possible, the situation and limits of such land; (b) declaring that it is proposed to constitute such land as reserved forest; (c) appointing a Forest Settlement Officer to consider the objections, if any, against the declaration under Clause (b) and to enquire into and determine the existence, nature and extent of any rights claimed by, or alleged to exist in favour of, any person in or over any land comprised within such limits, or to any forest produce of such land, and to deal with the same as provided in this Chapter. Explanation:- (1) For the purpose of Clause (a), it shall be sufficient to describe the limits of the land by any well-known or readily intelligible boundaries, such as roads, rivers, bridges and the like. (2) A pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd and to survey, demarcate and make a map of the land; and (b) the powers conferred on a Civil Court by the Code of Civil Procedure, 1908, for summoning and enforcing the attendance of any person and examining him on oath and requiring the production of any document or other article. Section 10 of the A.P. Forest Act 10. Claims to certain rights:- (1) Where the claims relate to a right in or over any land other than the following rights:- (a) a right of way; (b) a right to water-course, or to use of water; (c) a right of pasture; or (d) a right to forest produce; the Forest Settlement Officer shall, after considering the particulars of such claim, and the objections of the forest officer, if any, pass, an order, admitting or rejecting the same wholly or in part after recording the reasons therefor. (2)(a) If any claim is admitted wholly or in part under sub-section (1), the Forest Settlement Officer may:- (i) accept the voluntary surrender of the right by the claimant or determine the amount of compensation payable for the surrender of the right of the claimant, as the case may be; or (ii) direct the exclusion of the land from the limits of the proposed forest: or (iii) acquire su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t reserved:- (1) Upon the occurrence of the following events namely:- (a) the period fixed under Section 6 for preferring of an objection or a claim had elapsed, and every objection or claim made under that section was disposed of by the Forest Settlement Officer; and (b) in any such claim was made, the period limited by Section 13 for preferring an appeal from the order passed on such claim had elapsed, and every appeal presented within such period was disposed of by the appellate authority; and (c) all proceedings mentioned in Section 10 were taken and all lands, if any, to be included in the proposed forest, which the Forest Settlement Officer had, under Section 10, elected to acquire under the Land Acquisition Act, 1894, had become vested in the Government under Section 16 of that Act; the Government may publish a notification specifying definitely according to the boundary marks erected or otherwise, the limits of the forest which it is intended to reserve and declaring the same to be reserved from a date to be fixed by such notification and from the date so fixed, such forest shall be deemed to be a reserved forest. (2) Copies of the notification shall also be published in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred with powers of the civil court, as available under the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC 1908 ), for the aforesaid purpose. While exercising power, the Forest Settlement Officer may even admit the claim wholly or in part under Section 10(2) by excluding any extent of land which is in dispute. 11. As per Section 13 of the A.P. Forest Act, an appeal lies before the District Court having territorial jurisdiction, which is to be filed within a period of 90 days from the date of the order passed under Section 10 by the Forest Settlement Officer. Thus, anyone who claims a right of ownership under Section 10 or any other limited right as illustrated under Section 11, has to seek an adjudication of his claim before the Forest Settlement Officer. If aggrieved, the remedy lies before the jurisdictional District Court, subject to the limitation as prescribed under Section 13. 12. After completion of the said exercise, the State Government would declare the proposed land as a reserved forest by issuing a notification under Section 15 of the A.P. Forest Act. Thereafter, the vesting of the land takes place by way of a deeming fiction i.e., giving the land the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e judgement passed against him may apply for a review of judgement by the Court which passed the decree. (emphasis supplied) Section 378 of the CPC 1859 378 - The order of the Court for granting or refusing the review is final: If the Court shall be of opinion that there are not any sufficient grounds for a review, it shall reject the application, but if it shall be of opinion that the review desired is necessary to correct an evident error or omission or is otherwise requisite for the ends of justice, the Court shall grant the review, and its order in either case, whether for rejecting the application or granting the review, shall be final. Provided that no review of judgement shall be granted without previous notice to the opposite party to enable him to appear and be heard in support of the decree of which a review is solicited. (emphasis supplied) 16. Section 376 of the CPC 1859 provided a larger playing field to the court while dealing with an application to review. However, under Section 378 of the CPC 1859, a finality was sought to be given to the order of the court. Section 623 of the CPC 1877 623. Application for review of judgement: Any person considering himself aggrieve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment of the Court which passed the decree or made the order. (2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review. [Explanation. The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a Superior Court in any other case, shall not be a ground for the review of such judgment.] (emphasis supplied) 18. Section 114 read with Order XLVII Rule 1 of the CPC 1908 is verbatim simila ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for any other sufficient reason ought to be read in conjunction with the earlier two categories reiterating the scope. Being a judicial discretion, it has to be exercised with circumspection and on rare occasions. It is a power to be exercised by way of an exception, subject to the rigours of the provision. 22. A subsequent event per se cannot form the basis of a review. Sub-clause (c) of Order XLVII Rule 1 of the CPC 1908, clearly specifies that the important matter or evidence produced must have been available at the time when the decree was passed. This is a matter of rule. On a very rare occasion, an exception can be carved out. Such an exception can only be exercised when the said matter or evidence is of unimpeachable quality. It is not only a new matter or evidence that should be taken into consideration, but it should also be an important one. 23. While exercising the said power, the court has to first check the evidentiary value of such discovery, including the circumstances under which it emanated, particularly when it inherently lacks jurisdiction or the evidence cannot be made admissible in law and therefore, is not relevant. In such a circumstance, there is no questio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision of the case. The normal principle is that a judgment pronounced by the Court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so : Sajjan Singh v. State of Rajasthan [AIR 1965 SC 845 : (1965) 1 SCR 933, 948 : (1965) 1 SCJ 377] . For instance, if the attention of the Court is not drawn to a material statutory provision during the original hearing, the Court will review its judgment: G.L. Gupta v. D.N. Mehta [(1971) 3 SCC 189 : 1971 SCC (Cri) 279 : (1971) 3 SCR 748, 750] . The Court may also reopen its judgment if a manifest wrong has been done and it is necessary to pass an order to do full and effective justice: O.N. Mohindroo v. Distt. Judge, Delhi [(1971) 3 SCC 5 : (1971) 2 SCR 11, 27] . Power to review its judgments has been conferred on the Supreme Court by Article 137 of the Constitution, and that power is subject to the provisions of any law made by Parliament or the rules made under Article 145. In a civil proceeding, an application for review is entertained only on a ground mentioned in Order 47 Rule 1 of the Code of Civil Procedure, and in a criminal proceeding on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 81 cannot be said to fall within the scope of Order 47 Rule 1 CPC. There is a clear distinction between an erroneous decision and an error apparent on the face of the record. While the first can be corrected by the higher forum, the latter only can be corrected by exercise of the review jurisdiction. While passing the impugned order, Sharma, J. found the order in Civil Revision dated 25-4-1989 as an erroneous decision, though without saying so in so many words. Indeed, while passing the impugned order Sharma, J. did record that there was a mistake or an error apparent on the face of the record which was not of such a nature, which had to be detected by a long-drawn process of reasons and proceeded to set at naught the order of Gupta, J. However, mechanical use of statutorily sanctified phrases cannot detract from the real import of the order passed in exercise of the review jurisdiction. Recourse to review petition in the facts and circumstances of the case was not permissible. The aggrieved judgment-debtors could have approached the higher forum through appropriate proceedings to assail the order of Gupta, J. and get it set aside but it was not open to them to seek a review of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overlooked by excusable misfortune, mistake or error apparent on the face of the record, or any other sufficient reason. The first two alternatives do not apply in the present case, and the expression sufficient, if this were all, would naturally be read as meaning sufficiency of a kind analogous to the two already specified, that is to say, to excusable failure to bring to the notice of the Court new and important matters, or error on the face of the record. But before adopting this restricted construction of the expression sufficient, it is necessary to have in mind, in the first place, that the provision as to review was not introduced into the Code for the first time in 1908, but appears there as a modification of previous provision made in earlier legislation : and, in the second place, that the extent of the power of a Court in India to review its own decree under successive forms of legislative provision has been the subject of a good deal of judicial interpretation, not, however, in all cases harmonious. That the power given by the Indian Code is different from the very restricted power which exists in England appears plain from the decision in Charles Bright and Co. v. Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng review has also to show that such additional matter or evidence was not within its knowledge and even after the exercise of due diligence, the same could not be produced before the court earlier. 22. The term mistake or error apparent by its very connotation signifies an error which is evident per se from the record of the case and does not require detailed examination, scrutiny and elucidation either of the facts or the legal position. If an error is not self-evident and detection thereof requires long debate and process of reasoning, it cannot be treated as an error apparent on the face of the record for the purpose of Order 47 Rule 1 CPC or Section 22(3)(f) of the Act. To put it differently an order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by the court/tribunal on a point of fact or law. In any case, while exercising the power of review, the court/tribunal concerned cannot sit in appeal over its judgment/decision. An Order can be reviewed only on the prescribed grounds mentioned in Order XLVII Rule 1 of the CPC 1908 Shri Ram Sahu v. Vinod Kumar Rawat, (2021) 13 SCC 1 10. To a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he evidence produced, the court records a finding of fact and reaches a conclusion, that conclusion cannot be assailed in a review petition unless it is shown that there is an error apparent on the face of the record or for some reason akin thereto. It has not been contended before us that there is any error apparent on the face of the record. To permit the review petitioner to argue on a question of appreciation of evidence would amount to converting a review petition into an appeal in disguise. (emphasis supplied) UNDERSTANDING OF THE FOREST: A CONSTITUTIONAL PERSPECTIVE 25. Article 48A of the Constitution of India, 1950 imposes a clear mandate upon the State as a Directive Principle of State Policy, while Article 51A(g) correspondingly casts a duty upon a citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for fellow living creatures. These two provisions qua a forest ought to be understood in light of Articles 14, 19 and 21 of the Constitution of India, 1950. We say so, as they represent the collective conscience of the Constitution. If the continued existence and protection of forests is in the interest of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cases, the court may go further, but how much further must depend on the circumstances of the case. The court may always give necessary directions. However the court will not attempt to nicely balance relevant considerations. When the question involves the nice balancing of relevant considerations, the court may feel justified in resigning itself to acceptance of the decision of the concerned authority. We may now proceed to examine the facts of the present case. (emphasis supplied) Article 48A and 51A To Be Considered in Light of Article 21 of the Constitution of India, 1950 M.C. Mehta v. Kamal Nath, (2000) 6 SCC 213 8. Apart from the above statutes and the rules made thereunder, Article 48- A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. One of the fundamental duties of every citizen as set out in Article 51-A(g) is to protect and improve the natural environment, including forests, lakes, rivers and wildlife and to have compassion for living creatures. These two articles have to be considered in the light of Article 21 of the Constitution which provides that no person s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sage is therefore loud and clear and it is this message which we must constantly keep in focus while dealing with issues and matters concerning the environment and the forest area as well as wildlife within those forests. This objective must guide us in interpreting the laws dealing with these matters and our interpretation must, unless the expression or the context conveys otherwise, subserve and advance the aforementioned constitutional objectives . With this approach in mind we may now proceed to deal with the contentions urged by parties. (emphasis supplied ) ENVIRONMENT Section 2 of the Environment (Protection) Act, 1986 2. Definitions. In this Act, unless the context otherwise requires, (a) environment includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property; 27. The word environment shall not be understood from a narrow perspective. Albert Einstein once observed environment is everything that is not me . In our considered view, the environment would include both animate and inanimate. One cannot segregate these two segments, which are broadly diffe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d decisions can have wide implications in socio-economic dimensions of people at large. The concept of environmental justice is a trifecta of distributive justice, procedural justice and justice as recognition. [ Schlosberg D., Defining Environmental Justice : Theories, Movements, and Nature (Oxford University Press 2009).] Environmental equity as a developing concept has focused on the disproportionate implications of environmental harms on the economically or socially marginalised groups. The concerns of human rights and environmental degradation overlap under this umbrella term, to highlight the human element, apart from economic and environmental ramifications. Environmental equity thus stands to ensure a balanced distribution of environmental risks as well as protections, including application of sustainable development principles. 76. Voicing concerns about the disproportionate harm for the poor segments, Lois J. Schiffer [then Assistant Attorney General, Environment and Natural Resources Division ( ENRD ), US Department of Justice] and Timothy J. Dowling (then Attorney at ENRD) in their Reflections on the Role of the Courts in Environmental Law, wrote the following evocative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of administering equal justice to everyone who comes to our courts, regardless of race, creed, or economic class . [ Schiffer, L.J. Dowling, T.J. (1997), Reflections on the Role of the Courts in Environmental Law , 27(2) Environmental Law 327-342.] The relevance of this concept is particularly apposite when we consider the inability of most marginalised communities, to access the legal machinery. (emphasis supplied) NEED FOR A CHANGE: FROM ANTHROPOCENTRIC TO ECOCENTRIC 31. There is a crying need for a change in our approach. Man being an enlightened species, is expected to act as a trustee of the Earth. It is his duty to ensure the preservation of the ecosystem and to continuously endeavour towards the protection of air, water and land. It is not his right to destroy the habitat of other species but his duty to protect them from further peril. A right to enjoy cannot be restricted to any specific group, and so also to human beings. The time has come for mankind to live sustainably and respect the rights of rivers, lakes, beaches, estuaries, ridges, trees, mountains, seas and air. It is imperative to do so as there is always a constant threat to forests due to the everincreasing pop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns take precedence and human responsibilities to non-human based benefits to humans. Ecocentrism is nature-centred where humans are part of nature and non-humans have intrinsic value. In other words, human interest does not take automatic precedence and humans have obligations to non-humans independently of human interest. Ecocentrism is therefore life-centred, nature-centred where nature includes both humans and non-humans. The National Wildlife Action Plan 2002-2012 and the Centrally Sponsored Integrated Development of Wildlife Habitats Scheme, 2009 are centred on the principle of ecocentrism. The concept of natural rights theory is being evolved, which encapsulates recognizing and acknowledging the rights of nature. As stated, such a right is meant for the benefit of nature, inclusive of all species, both present and future. The concept of trusteeship and inter-generational equity ought to be understood from this perspective, as any deviation would cause not only degradation of the environment but also serious inequality between different species as well as amongst them. The idea is to recognize the importance of forests qua the society as their significance has to be seen in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... point of endorsing, to the extent possible, the notion of letting the forest develop and process without significant human intervention. A strong adoption of the naturalistic value system that whatever nature does is better than what humans do, this is almost the nature dominates man perspective . Parks and natural reserve creations; non-intervention in insect, disease and fire process; and reduction of human activities are typical policy situations. This viewpoint has been endorsed by the 1988 Forest Policy of the Government of India. (emphasis supplied) ECONOMIC CONSIDERATIONS 33. Wealth of a country has to be seen not only from the perspective of mere revenue, augmented through its industries and business activities. Rather, it has to be seen by giving due importance to its natural wealth which actually contributes much more than the other factors. As discussed, forests play a pivotal role in reducing carbon emissions in the atmosphere created by human activities. A substantial value needs to be attached to the contribution of forests. 34. Professor Wahlen in her paper titled Opportunities for making the invisible visible: Towards an improved understanding of the economic contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sustainable management of forests have reversed deforestation and have transformed India s forests into a significant net sink of CO2 . From 1995 to 2005, the carbon stocks stored in our forests and trees have increased from 6,245 million tonnes (mt) to 6,662 mt, registering an annual increment of 38 mt of carbon or 138 mt of CO2 equivalent. Mitigation Service by India s Forest and Tree Cover India s forests serve as a major sink of CO2 . Our estimates show that the annual CO2 removals by India s forest and tree cover is enough to neutralize 11.25 % of India s total GHG emissions (CO2 equivalent) at 1994 levels, the most recent year for which comparable data is available for developing countries based on their respective National Communications (NATCOMs) to the United Nations Framework Convention on Climate Change (UNFCCC) . This is equivalent to offsetting 100% emissions from all energy in residential and transport sectors; or 40% of total emissions from the agriculture sector. Clearly, India s forest and tree cover is serving as a major mode of carbon mitigation for India and the world. Value of Mitigation Putting a conservative value of US$ 5 per tonne of CO2 locked in our fore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ests, while making an endeavour to enhance its cover. An understanding from the economic and social perspective would be the best approach. 36. The concept of Green Accounting in evaluating a nation s wealth, including its natural assets, would extend enormous benefits which are both tangible and intangible. There are numerous resources that are being tapped from the forests. Therefore, what is required is a comprehensive approach. 37. We shall conclude our discussion with a quote from the book Top Soil and Civilization by Tom Dale and Vernon Gill Carter, published by the University of Oklahoma Press, (1955) Man, whether civilised or savage, is a child of nature he is not the master of nature. He must conform his actions to certain natural laws if he is to maintain his dominance over his environment. When he tries to circumvent the laws of nature, he usually destroys the natural environment that sustains him. And when his environment deteriorates rapidly, his civilisation declines... APPROACH OF THE COURT 38. This Court has repeatedly reiterated the approach required to be adopted by the courts where the onus is on the violator to prove that there is no environmental degradation. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is necessary that the party attempting to preserve the status quo by maintaining a less polluted state should not carry the burden of proof and the party who wants to alter it, must bear this burden. [See James M. Olson: Shifting the Burden of Proof , 20 Envtl. Law, p. 891 at p. 898 (1990).] [Quoted in Vol. 22 (1998), Harv. Env. Law Review, p. 509 at pp. 519, 550.] xxx xxx xxx 39. It is also explained that if the environmental risks being run by regulatory inaction are in some way uncertain but non-negligible , then regulatory action is justified. This will lead to the question as to what is the non-negligible risk . In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a reasonable ecological or medical concern . That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. Such a presumption has been applied in Ashburton Acclimatisation Society v. Federated Farmers of New Zealand [(1988) 1 NZLR 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even for fair cash equivalent; 3. the property must be maintained for particular types of use (i) either traditional uses, or (ii) some uses particular to that form of resources. (emphasis supplied) Narinder Singh and Ors. v. Divesh Bhutani and Ors., 2022 SCC OnLine SC 899 THE APPROACH OF THE COURT IN INTERPRETING THE LAWS RELATING TO FORESTS AND THE ENVIRONMENT 25. While interpreting the laws relating to forests, the Courts will be guided by the following considerations: i. Under Clause (a) Article 48A forming a part of Chapter IV containing the Directive Principles of State Policy, it is the obligation of the State to protect and improve the environment and to safeguard the forests; ii. Under Clause (g) of Article 51A of the Constitution, it is a fundamental duty of every citizen to protect and preserve the natural environment, including forests, rivers, lakes and wildlife etc.; iii. Article 21 of the Constitution confers a fundamental right on the individuals to live in a pollution-free environment. Forests are, in a sense, lungs which generate oxygen for the survival of human beings. The forests play a very important role in our ecosystem to prevent pollution. The presence of f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s much entitled to a developed society as they are to an environmentally secure society. By Declaration on the Right to Development, 1986, the United Nations has given express recognition to a right to development. Article 1 of the Declaration defines this right as: 1. The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized. 508. The right to development, thus, is intrinsically connected to the preservance of a dignified life. It is not limited to the idea of infrastructural development, rather, it entails human development as the basis of all development. The jurisprudence in environmental matters must acknowledge that there is immense interdependence between right to development and right to natural environment. In International Law and Sustainable Development, Arjun Sengupta in the chapter Implementing the Right to Development notes thus: Two rights are interdependent if the level of enjoyment of one is dependent on the level of enjoyment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainly not at the cost of environment. The courts are expected to drive a balance between the two. In other words, the onerous duty lies upon the State to ensure protection of environment and forests on the one hand as well as to undertake necessary development with due regard to the fundamental rights and values. (emphasis supplied) Environmental Rule of Law H.P. Bus-Stand Management Development Authority v. Central Empowered Committee, (2021) 4 SCC 309 I.1. Environmental rule of law xxx xxx xxx 49. The environmental rule of law, at a certain level, is a facet of the concept of the rule of law. But it includes specific features that are unique to environmental governance, features which are sui generis. The environmental rule of law seeks to create essential tools conceptual, procedural and institutional to bring structure to the discourse on environmental protection. It does so to enhance our understanding of environmental challenges of how they have been shaped by humanity's interface with nature in the past, how they continue to be affected by its engagement with nature in the present and the prospects for the future, if we were not to radically alter the course of destructi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by institutions which provide regulatory governance on the environment. In doing so, it fosters a regime of open, accountable and transparent decision making on concerns of the environment. It fosters the importance of participatory governance of the value in giving a voice to those who are most affected by environmental policies and public projects. The structural design of the environmental rule of law composes of substantive, procedural and institutional elements. The tools of analysis go beyond legal concepts. The result of the framework is more than just the sum total of its parts. Together, the elements which it embodies aspire to safeguard the bounties of nature against existential threats. For it is founded on the universal recognition that the future of human existence depends on how we conserve, protect and regenerate the environment today. xxx xxx xxx 54. In an article in Georgetown Environmental Law Review (2020), Arnold Kreilhuber and Angela Kariuki explain the manner in which the environmental rule of law seeks to resolve this imbroglio [ Arnold Kreilhuber and Angela Kariuki, Environmental Rule of Law in the Context of Sustainable Development , 32 Georgetown Enviro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... requires a regime which has effective, accountable and transparent institutions. Equally important is responsive, inclusive, participatory and representative decision-making. Environmental governance is founded on the rule of law and emerges from the values of our Constitution. Where the health of the environment is key to preserving the right to life as a constitutionally recognised value under Article 21 of the Constitution, proper structures for environmental decisionmaking find expression in the guarantee against arbitrary action and the affirmative duty of fair treatment under Article 14 of the Constitution. Sustainable development is premised not merely on the redressal of the failure of democratic institutions in the protection of the environment, but ensuring that such failures do not take place. xxx xxx xxx 58. The UNEP Report (supra) also goes on to note [ UNEP, Environmental Rule of Law First Global Report (January 2019), p. 213.] : Courts and tribunals must be able to grant meaningful legal remedies in order to resolve disputes and enforce environmental laws. As shown in Figure 5.12, legal remedies are the actions, such as fines, jail time, and injunctions, that courts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Plaintiff was rejected by the Revenue Authority only on 10.01.1975. The revision filed by him was allowed by remitting the matter to the Joint Collector. Suffice it is to state that despite the findings rendered, neither the Forest Department nor the Forest Settlement Officer was arrayed as a party to these proceedings before the revenue department. It is also seen that the order of the Revenue Authority and the Revisional Authority were passed much after the declaration under Section 15 of the A.P. Forest Act, vesting the lands in the State by giving them the status of a reserved forest. 43. On 07.07.1981, the Joint Collector, Warangal allowed the application of the Plaintiff. Realising that the said order will not give the Plaintiff benefit of any sort, he filed an application before the Government seeking denotification of the land declared as reserved forest', which was rightly dismissed on 01.09.1984. 44. A suit was filed by the Plaintiff on 23.04.1985 in OS No. 56 of 1985 on the file of I Additional Sub-Judge, Warangal seeking a declaration of title and permanent injunction. In the said suit the Defendant no. 1 was the District Collector representing the Revenue Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uted a committee on 12.07.2019 on an application said to have been filed by the Plaintiff in the year 2017, which was obviously pending the first appeal. 49. More surprisingly, the District Forest Officer did not appear before the Committee and based upon a report submitted, it was held that the suit property is required to be excluded in favour of the plaintiff. This was done despite the fact that the District Collector, who was a party to the suit, took a specific stand, and in view of the judgment which attained finality, that the suit land is forest land, the District Collector has got no jurisdiction at all to deal with it in any manner especially in the light of Section 15 and 16 of the A.P. Forest Act. We do not wish to say anything more on this, though wisdom has dawned upon defendants again, as could be seen from the affidavit filed by the State before this Court reiterating the original stand. 50. The aforesaid decision was taken by the District Collector after the judgment of the First Appellate Court. It was accordingly marked as a court exhibit in the review. Thereafter, it was taken up for hearing and disposed of on 19.03.2021. The Learned Judge who delivered an elabo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... title is proved, possession has to follow. As there is an error apparent on the face of record, the power of review has been exercised correctly. The finding that Section 5 of the A.P. Forest Act, has got no application is correct, as there is no attempt to interdict the proceedings. As there is no apparent perversity, this Court need not interfere with the impugned order. DISCUSSION 54. We have already recorded the facts in detail. It is a classic case where the officials of the State who are expected to protect and preserve the forests in discharge of their public duties clearly abdicated their role. We are at a loss to understand as to how the High Court could interfere by placing reliance upon evidence produced after the decree, at the instance of a party which succeeded along with the contesting defendant, particularly in the light of the finding that the land is forest land which has become part of reserved forest. 55. There is a distinct lack of jurisdiction on two counts one is with respect to an attempt made to circumvent the decree and, the second is in acting without jurisdiction. The land belongs to the Forest Department and therefore, Defendant No. 1 had absolutely no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1317 F. Furthermore, there is no specific challenge to the concluded proceedings under the A. P. Forest Act. The Plaintiff has merely asked for declaration of title and permanent injunction restraining the Defendants from interfering with possession. 58. We, thus, conclude that the impugned judgment does not stand the legal scrutiny as it is ridden with both factual and legal errors. 59. Accordingly, the appeal stands allowed. The impugned judgment stands set aside by restoring the judgement rendered in A.S. No. 145 of 1994. We consider it appropriate to impose cost of Rs. 5,00,000/- each on appellants and respondents to be paid to the National Legal Services Authority (NALSA) within a period of two months from the date of this judgment. The appellant State is free to enquire into the lapses committed by the officers in filing collusive affidavits before the competent court, and recover the same from those officers who are responsible for facilitating and filing incorrect affidavits in the ongoing proceedings. The Contempt Case No. 624 of 2021 pending before the High Court is directed to be closed. I.A. No.65196/2021 is dismissed. All other pending applications stand closed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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