Perhaps the most significant case after the Godavarman in respect to forests is the case titled CEL, WWF India Vs Union of India (W.P 337 of 1995) although in its scope it is rather limited than the Godavarman. This is primarily because it concerns largely the implementation of the Wildlife (Protection) Act, 1972 and also that the number of Intervention Applications filed are limited. Yet the decisions in this case have had tremendous impact on the forest management across the country.

Just in the way the Godavarman case did not limit itself to the Forest (Conservation) Act, 1980 but included within its scope other Acts, similarly the CEL case had impact on other Acts and the most significant being the Forest (Conservation) Act, 1980

The most significant orders in the CEL case were the orders dated 22-8-1997 and the order dated 13-11-2000.

The following are excerpts from the order dated 22-8-1997, which have been of immense consequence:

On Settlement

“4. Even though notification in respect of sanctuaries/national parks have been issued under Section 18/35 in all the States/ Union Territories, further proceedings are required under the Act i.e. issue of proclamation under Section 21 and other steps as contemplated has not been taken. The concerned State Governments/ Union territories are directed to issue proclamation under Section 21 in respect of the sanctuaries/ national parks within two months and complete the process of determination of rights and acquisition of land or rights as contemplated by the Act within a period of one year…”

On Poaching

“6. In order to effectively control the growing increase of poaching in the Sanctuaries/National Parks the Central Government as well as the Government of the States/ UT’s are directed to ensure that the forest guards in the Sanctuaries/ National Parks are provided modern arms, communication facilities viz. wireless sets and other necessary equipments in that regards. Necessary steps in this regards shall be taken within six months.”

On Denotification

“As regards denotification of any area which is included in a Sanctuary/national park, it is directed that before placing the proposal before the Legislative Assembly the concerned State Government shall refer the proposal to the Indian Board for Wildlife for its opinion and the proposal shall be placed for consideration before the legislative Assembly along with the opinion of the Indian Board for Wildlife.”

[However this direction of the Supreme Court will no longer be applicable in view of the fact that by virtue of the 2002 amendment of the Wildlife (Protection) Act, 1972, the power to denotify has been taken away from the Legislative Assembly and conferred on the National Board for Wildlife.]

Order Dated 13-11-2000

The order stated as follows:

“this Court while directing to list the above application after five weeks DOTH ORDER THAT pending further orders no dereservation of forest/Sanctuaries/National Parks shall be effected”

By this single order, the Supreme Court divested the Central government (in respect to forests) and the State Legislature (in respect to National Parks and Sanctuaries) of all powers of dereservation/ denotification. Thus while the Godavarman case prohibited non forest use of forest land without Central Government approval, the CEL prohibited dereservation without Supreme Court approval.


Read More

Supreme Court Hearing of Centre for Environment Law v/s Union of India
(24th November 2005)

Read more about the CEL Case on the WWF website
Click here

Order dated 24 April 2007 related to pipeline in Pench National Park