Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Forest Illegal mining Environment Protection |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Environment Protection and Pollution Control: Forest - Illegal mining in forest area of Karnataka and Andhra Pradesh - PIL - Court appointed Central Powered Committee (CEC) in its report indicating illegal mining- Joint Team constituted by Court, determined boundaries of concerned 166 mining leases - CEC in its final report recommended categorization of mines into 3 categories viz. A, B and C on the basis of extent of encroachment of mining pits and overburden dumps - CEC recommended resumption of A and B category mines subject to certain conditions and closure of category C mines - The credibility of CEC, sanctity of the process of survey undertaken by Joint Team and acceptability of recommendations of CEC were questioned - Held: Credibility of CEC cannot be questioned - The body is performing its tasks as per the directions of the Court - The credibility of the survey conducted by the Joint Team under the orders of the Court, also cannot be questioned - The categorization of leases done by CEC, is reasonable and hence acceptable - Embargo placed by the Court on grant of fresh mining licences is lifted - Operation of the leases, located on or near the inter-State boundary of Kamataka and Andhra Pradesh, is suspended until the boundary issue is resolved - Investigations in respect of alleged criminal offences by lessees to be brought to its logical conclusion - Mines and Minerals Act, 1957 - Forest Conservation Act, 1980 - Environment (Protection) Act, 1986.Constitution of India, 1950 : Articles 32 and 142 - Illegal mining - Causing large scale damage to forest wealth - Remedy u/Arts. 32 and 142 - Resort to - In view of availability of remedies under provisions of relevant statutes - Held: Court can resort to constitutional jurisdiction to remedy the enormous wrong - The relevant statutes would not be effective and efficacious to deal with extraordinary situations arisen on account of large scale illegalities in mining operations The recommendations of CEC, accepted by the Court does not come in conflict with the statutory provisions - Mines and Minerals Act, 1957 - Forest (Conservation) Act, 1980 - Environment (Protection) Act, 1986. Art.14 - Classification - Test of arbitrariness - Held: Arbitrariness in the adoption of a criteria for classification has to be tested on the anvil of Art. 14 and not on the subjective notions of availability of a better basis of classification. Article 21 - Right to life - Enforcement of - Held: In enforcing such rights affecting large number of citizens, supreme Court cannot be constrained by restraints of procedure. Words and Phrases - 'Mining operations' - Meaning of - In he context of Mines and Minerals Act. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2013 INSC 265 |
Petitioner | Samaj Parivartana Samudaya & Ors. |
Respondent | State Of Karanataka & Ors. |
SCR | [2013] 6 S.C.R. 810 |
Judgement Date | 2013-04-18 |
Case Number | 562 |
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