Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1972 Wild life (Protection) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Wild life (Protection) Act, 1972--Sections 29 and 35(6)-Public Interest litigation petitions before High Court challenging grant of permission by State Government to oil companies for laying down pipelines through National Park and Sanctuary in violation of the Act-High Court allowing the petitions-Correctness of-Held. satisfaction of State Government before granting permit for betterment of wild life is required for destruction, exploitation or removal of an wild life and not for destruction or damaging the habitat of any wild animal or depriving any wild animal of its habitat-However, permits cannot D be given indiscriminately-State Government must see that the habitat of the wild life is sustained and that the damage to the habitat does not result in the destruction of the wild life-There is not a priori presumption of destruction of wild life in the laying of piplelines-On evidence, State Government and the oil companies have taken precautions after consulting experts lo see that the pipeline route causes minimal and reversible damages lo the wild life- Hence, Court cannot interfere and make its own assessment-Forest (Conservation) Act, 1980; Section 2-Environment (Prosecution) Act, 1986. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2004 INSC 40 |
Petitioner | Essar Oil Ltd. |
Respondent | Halar Utkarsh Samiti And Ors. |
SCR | [2004] 1 S.C.R. 808 |
Judgement Date | 2004-01-19 |
Case Number | 352-353 |
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