Report Instances Of Non-Forestry Activities Going On In Tamil Nadu's Agasthyamalai Area Including Tiger Reserve & Wildlife Sanctuaries: Supreme Court To CEC

The issue before the Apex Court related to the preservation of Reserve Forests, Wildlife Sanctuaries and Tiger Reserves in the State of Tamil Nadu. The other issue related to the claim of the petitioners, being the displaced tea estate workers, claiming rehabilitation pursuant to their eviction from an erstwhile tea estate by the name of Bombay Burma Trading Corporation Limited (BBTCL) located in Singampatti, Tamil Nadu, after the same was declared to be a Reserved Forest, Wildlife Sanctuary and Tiger Reserve under the provisions of the Wild Life (Protection) Act, 1972.

The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held, “In view of the submissions noted above and as an interim measure, to initiate the process of restoration of the pristine forest areas and to protect the tiger habitats/wildlife reserves/sanctuaries falling under the Agasthyamalai landscape, we hereby direct the CEC to conduct an extensive survey of the entire Agasthyamalai landscape, which would include Periyar Tiger Reserve, Srivilliputhur Grizzled Squirrel Wildlife Sanctuary, Meghamalai and Thirunelveli Wildlife Sanctuaries. The CEC shall indicate in its report all instances of non-forestry activities going on in these areas contrary to the statutory provisions viz, the Forest Conservation Act, 1980, the Wild Life (Protection) Act, 1972, etc.”

Senior Advocate Sanjay Parikh represented the Appellant while Advocate General P.S. Raman represented the Respondent.

Factual Background

The entire extent of Singampatti Zamin forest lands in the State of Tamil Nadu, admeasuring an area of 3388.78 hectares, were leased out by the then Zamindar to the BBTCL for a period of over 99 years way back in 1929. The lease holders cleared out the forest area and started cultivating crops like tea, coffee. This exploitation had been going on unabatedly for more than 95 years. The ‘Singampatti Zamin forests lands’ were declared to be a reserved forest vide a Government Order.

The displaced tea estate workers, to protect their livelihood and rights to rehabilitation, compensation, and reemployment, filed various Petitions and Public Interest Litigations. All the writ petitions were disposed of/closed by the High Court vide a common order giving general directions for the rehabilitation of the erstwhile tea estate workers, leaving the issue of conservation and restoration of the forest areas inconclusive.

Arguments

The Amicus Curiae prayed that the Central Empowered Committee (CEC) constituted under the directions of the Court may be asked to conduct an extensive survey of the entire landscape and to give its suggestions for the restoration of the pristine forest ecosystem.

The Advocate General appearing for the State of Tamil Nadu submitted that the State Government is committed to ensuring that no part of the reserve forest areas is encroached upon and the entire area of the Agasthyamalai landscape, which includes reserved forest, is freed from encroachments and restored to its original form. It was brought to the Court’s notice that the restoration of the Singampatti Zamin area as a forest area has already been commenced and the task of relocating and rehabilitation of the workers is complete. He assured that the State Government shall provide all support to the CEC in the process of survey, as may be directed by this Court.

Directions

The Bench took note of submissions and, as an interim measure, directed the CEC to conduct an extensive survey of the entire Agasthyamalai landscape. The Apex Court also asked the CEC to indicate in its report all instances of non-forestry activities going on in these areas contrary to the statutory provisions.

The Bench further ordered that the comparative data about the forest cover as it existed earlier vis-à-vis the current position be provided to gauge the extent of depletion/degradation in the forest area. “The CEC shall also recommend measures for restoration of (a) the reserved forests, (b) the tiger habitats, and (c) elephant corridors and (d) other wildlife reserves (sanctuaries) in and around the Agsthyamalai landscape, including the abovementioned sanctuaries/reserves. For this purpose, the CEC may employ all scientific procedures including Remote Sensing Satellite Imagery, Geo Mapping etc., so that the process of survey can be expedited”, it held.

“The concerned officials of the State Government including the District Administration, the Police Administration and the forest officials of each district involved shall be responsible for providing all required assistance and support to the CEC for completing the process of survey”, it added.

Granting twelve weeks to the CEC for completing the exercise, the Bench listed the matter on July 15, 2025, for receiving the report of the CEC and for further directions.

Cause Title: A. John Kennedy v. State of Tamil Nadu And Others Etc. (Neutral Citation: 2025 INSC 443)

Appearance:

Appellant: Senior Advocate Sanjay Parikh, AOR Prasanna S., Advocates Sanjana Srikumar, Kritika, Vanshika Mohta, Henri Tiphagne, Robert Chandra Kumar

Respondent: Advocate General P.S. Raman, AAG Amit Anand Tiwari, AOR Purnima Krishna, Advocates M.f. Philip, Karamveer Singh Yadav, SG Tushar Mehta, SG, AOR G.S Makker, Advocate Sarthak Karol

Amicus Curiae Senior Advocate K. Parameshwar, Advocates Chitransha Singh Sikarwar, Shreenivas Pahl, Raji Gururaj

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