Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Ancient Monuments and Archaeological Sites Mining activities |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Ancient Monuments and Archaeological Sites andRemains Act, 19581 Karnataka Ancient and HistoricalMonuments and Archaeological Sites and Remains Act, 1961- Rules framed under - Mining operations - In the protectedarea around 'Protected Monuments' declared under theCentral and the State Acts - Permissibility - Extent of - Writpetition in public interest praying for cancellation of mininglease and stopping of mining operations within a radius of onekilometer from Jambunatha Temple which was declared as aprotected monument under State Act - Objection to thepetition on the ground that the mining operation was in termsof the Mines and Minerals (Development and Regulation)Act, 1957 and the Rules framed thereunder - Petitiondismissed by High Court - Appeal to Supreme Court -Constitution of Expert Committee by the Court - TheCommittee gave a finding that the mining activities usingblasting operations at a distance of less than 200 meters fromthe temple has already caused irreparable damage to thetemple - The Committee made suggestions that the areasurrounding the temple should be divided into two zones, i.e.,Core Zone and Buffer Zone and there shall be total ban onmining within the Core Zone while mining be permitted in theBuffer Zone under the supervision of an expert body/agency- Held: Mining operations in the vicinity of protected ancientand historical monuments and archaeological sites areregulated by 1958 Act (Central Act) or the State Act. (1961 Act)and Rules made thereunder, and not by 1957 Act or the rules made thereunder - In the present case mining operationswere without permission under 1958 and ~961 Acts and theRules framed thereunder - Hence cannot be allowed tooperate mines in the protected/regulated area -Recommendation of Expert Committee accepted and StateB Government directed to implement the recommendations -Direction to Expert Committee to undertake similar exercise,as in the present case, in respect of other protectedmonuments in the State, having mining operations in theirvicinity and submit its report to State Government - Centralc Government also directed to appoint an Expert Committee toexamine impact of mining on protected monuments under1958 Act- Ancient Monuments and Archaeological Sites andRemains Rules, 1959 - r. 10 - Karnataka Ancient andHistorical Monuments and Archaeological Sites and0 Remains Rules, 1966 - rr. 11 to 15 - Mines and Minerals(Development and Regulation) Act, 1957 - MineralConcession Rules, 1961 - Mineral Conservation andDevelopment Rules, 1988 - Constitution of India - DirectivePrinciples - Art. 49.Protection of Ancient Monuments - Mining activitiesaround protected ancient monuments - Ban on - Effect of -On right to development - Held: Right to developmentalincludes whole spectrum of civil, cultural, economic, politicaland social process for the improvement of people's well beingand realization of their full potential - In view of the principleof sustainable development, the protection of ancientmonuments has necessarily to be kept in mind, while carryingout development activities - Principle of sustainabledevelopment.Public Interest Litigation - Power of Supreme Court - Toissue directions, which may appear to be contrary to thestatutes - Scope of.Res Judicata - Applicability of - Held: In absence of record of the previous proceedings, principle of res judicata cannot be applied in the present case. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 397 |
Petitioner | K. Guruprasad Rao |
Respondent | State Of Karnataka And Others |
SCR | [2013] 11 S.C.R. 581 |
Judgement Date | 2013-07-01 |
Case Number | 4823 |
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