Oran Identification In Rajasthan : Supreme Court Summons MoEFCC Secretary Over 'Callous Approach' In Constitution of Expert Committee

Displeased by a "callous approach" taken with regard to the constitution of an Expert Committee for Oran (sacred groves) identification in Rajasthan, the Supreme Court on April 16 summoned the Secretary of Ministry of Environment, Forest and Climate Change (MoEFCC).

The Secretary shall appear before the Court on April 29 and show cause as to why contempt proceedings should not be initiated against him.

A bench of Justices BR Gavai and AG Masih passed the order, while dealing with applications filed in the TN Godavarman case (an omnibus forest protection matter). The order stated thus:

"Issue notice to the Secretary, Ministry of Environment, Forest and Climate Change (MoEF&CC) directing him to remain personally present in this Court at 10.30 a.m. on 29.04.2025 and show cause as to why an action for committing contempt of the order of this Court dated 16.01.2025 be not taken against him."

Calling out the "callous approach" shown in the matter, the Court said,

"From the perusal of the record, it appears that the MoEF&CC is taking the matter in a casual manner. When this Court, vide order dated 16.01.2025, had specifically directed a decision to be taken prior to 19.03.2025, the MoEF&CC ought to have taken a decision."

To recap, in earlier proceedings, the Court had asked the MoEFCC and the Forest Department to constitute a Committee for Oran identification in Rajasthan. Accordingly, the state recommended constitution of an Expert Committee as follows:

- Chairman: Hon'ble Justice (Retd.) Dalip Singh, Former Judge of the High Court of Rajasthan;

- Domain Expert: Shri M.R. Baloch, IFS (Retd.), PCCF & Former Director, AFRI, Jodhpur;

- Chief Conservator of Forests, (Forest Dettlement & Work Planning), Jaipur;

- Settlement Commissioner, Land Settlement Department, Rajasthan.

The proposal was recommended to the Ministry on January 8. Thereafter, on January 16, the Court called on the MoEFCC to take final decision regarding constitution of the Expert Committee by March 19.

"It will be appropriate that the MoEF&CC addresses the issue at the earliest and takes a final decision with regard to the constitution of the Expert Committee. We direct MoEF&CC to take a decision prior to 19.03.2025 and report compliance to this Court", the Court said in its order.

On March 19, counsel for MoEFCC sought time till April 16. Recently (on April 16), when ASG Archana Pathak Dave (representing the MoEFCC) was unable to inform whether the Committee has been constituted or not, the Court summoned the Ministry's Secretary.

Appearance: Senior Advocate K Parmeswar (Amicus Curiae); Additional Solicitor General Archana Pathak Dave

Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA, W.P.(C) No.202/1995

Click here to read the order