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Lawyer's Arc > Editorials > SUPREME COURT ORDERS SURVEY OF AGASTHYAMALAI LANDSCAPE TO IDENTIFY ILLEGAL ACTIVITIES IN PROTECTED FOREST ZONES
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SUPREME COURT ORDERS SURVEY OF AGASTHYAMALAI LANDSCAPE TO IDENTIFY ILLEGAL ACTIVITIES IN PROTECTED FOREST ZONES

Last updated: 04/04/2025 10:12 PM
Yash Singhal
Published 04/04/2025
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In a major step toward environmental preservation, the Supreme Court of India has directed the Central Empowered Committee (CEC) to conduct an extensive survey of the Agasthyamalai landscape in Tamil Nadu. The apex court aims to identify and report all non-forestry activities being carried out in violation of statutory forest and wildlife laws within this ecologically sensitive region.

Contents
INTERIM ORDER BY THE COURTBACKGROUND: TEA ESTATE ENCROACHMENT & WORKER REHABILITATIONSUBMISSIONS BEFORE THE COURTKEY OBSERVATIONS & DIRECTIONSLEGAL FRAMEWORK INVOLVEDCASE TITLELEGAL REPRESENTATION

The direction came in the case titled A. John Kennedy v. State of Tamil Nadu and Others (Neutral Citation: 2025 INSC 443), which also involved the rehabilitation claims of displaced workers from a historic tea estate located in the forest zone.

INTERIM ORDER BY THE COURT

A Division Bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued the following directions:

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“Given 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 has been instructed to report all activities in contravention of the Forest Conservation Act, 1980, and the Wild Life (Protection) Act, 1972.

BACKGROUND: TEA ESTATE ENCROACHMENT & WORKER REHABILITATION

The case also pertains to the displacement of tea estate workers from the Bombay Burma Trading Corporation Limited (BBTCL) plantation in Singampatti, Tamil Nadu. These forest lands, measuring approximately 3,388 hectares, were leased in 1929 and cultivated for tea and coffee for over 95 years. The area has since been declared a Reserved Forest, Wildlife Sanctuary, and Tiger Reserve.

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Following eviction, the displaced estate workers filed petitions seeking rehabilitation, compensation, and reemployment. Although the Madras High Court issued general directions on rehabilitation, it left the issue of forest restoration unresolved.

SUBMISSIONS BEFORE THE COURT

  • Senior Advocate K. Parameshwar, appearing as Amicus Curiae, requested the CEC be directed to suggest a roadmap for ecological restoration.
  • Advocate General P.S. Raman, representing the State of Tamil Nadu, assured the Court of full cooperation with the CEC and highlighted that the rehabilitation process has already begun.
  • The State emphasized its commitment to freeing the Agasthyamalai landscape from encroachments and restoring its forest cover.

KEY OBSERVATIONS & DIRECTIONS

“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 Agasthyamalai landscape, including the abovementioned sanctuaries/reserves,” the Court observed.

The Court further directed the CEC to:

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  • Employ scientific tools such as Remote Sensing Satellite Imagery and Geo Mapping.
  • Compare historical and current forest cover to gauge degradation.
  • Submit its final report within 12 weeks.

“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,” the Bench ordered.

The matter is listed for further hearing on July 15, 2025.

LEGAL FRAMEWORK INVOLVED

  • Forest Conservation Act, 1980
  • Wild Life (Protection) Act, 1972

CASE TITLE

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

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LEGAL REPRESENTATION

FOR APPELLANT

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

FOR RESPONDENTS

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Advocate General P.S. Raman, AAG Amit Anand Tiwari, AoR Purnima Krishna, Advocates M.F. Philip, Karamveer Singh Yadav, SG Tushar Mehta, 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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