Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1972: Sections 18(1) and 26A(3). Wild Life Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Wild Life Protection Act, 1972: Sections 18(1) and 26A(3). Forest Area-Declaration of as Wildlife Sanctuary-Reduction in area of sanctuary limit subsequently-Legality of. State of Gujarat-Notification declaring forest area as a wildlife sanctuary-Cancellation of notification and issue of another notification where under only a party of the said reserved forest declared as wildlife sanctuary-Delimitation to the area of sanctuary successfully challenged before High Court-Thereafter State Legislature passed a Resolution reducing the sanctuary limit-Rest of the area made available for development of backward area of District--Consequential notification by Government-Writ challenging Resolution and Notification dismissed by High Court-Appeal before this Court-lnterim order by Supreme Court permitting mining of limestone for meeting the requirements of a cement plant-Held the power to take a decision for reduction of the notified area is not given to the State Government but to the State Legislature-lf an attempt is made by the State Legislature and the State Government to balance the need of the environment and the need of economic development it would not be proper to apply the principles of Prohibition in such a case--lt would be proper and safer to apply the 'Principle of Protection' and the 'Principle of Polluter Pays' keeping in mind the principle of 'sustainable development' and the 'principle of inter-generation equity'-The impugned resolution and the notification do not deserve to be quashed-Proper course is to permit restricted and regulated exploitation of mineral wealth-Direction by Supreme Court-The interim order passed by this Court shall continue for a period of one year-if a need arises to carry out mining operation in a larger area that may be permitted only after obtaining an order to that effect from this Court-The State Government shall constitute a Committee to make a comprehensive study of the relevant environmental aspects and also to study the effects of the present limited mining operation permitted by this Court-It shall also study the effect of running of the cement plant set up outside the old sanctuary area-The State Government is restrained from giving permission to others to carry on any mining operation or to put up a cement plant within the area of 10 kms. from the periphery of the old sanctuary area without obtaining an order from this court-State Government shall also take steps to monitor air and water pollution in this area every three months through its officers and submit its report in that behalf-The State Government shall also submit a yearly report to this Court as regards the action taken by it. State Legislature-Resolution to reduce the limit of wildlife sanctuary-Validity of-Power of court to interfere with decision of State Legislature in such a matter-Held it is not proper to question the decision of the State Legislature in a matter of this type unless there are substantial and compelling reasons to do so. |
Judge | Hon'ble Mr. Justice G.T. Nanavati |
Neutral Citation | 2000 INSC 81 |
Petitioner | Consumer Education And Research Society |
Respondent | Union Of India And Ors. |
SCR | [2000] 1 S.C.R. 907 |
Judgement Date | 2000-02-16 |
Case Number | 13658 |
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