Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment (Protection) Act 1986 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Environmental Laws: Environment (Protection) Act, 1986/Air (Prevention and Control of Pollution) Act, 1974/Water (Prevention and Control of Pollution) Act, 19741 Forest (Conservation) Act, 1980/Constitution of India, 1950; Article 21:Writ petition for stopping mining activity in the vicinity of Delhi-Haryana border on ground of environmental degradation-Issuance of directions by the Supreme Court to Expert Environment Agencies/Institutions to suggest ways and means for preventing and controlling pollution in the sensitive ecological region of the border area-Compliance thereto by the authorities concerned to control mining operations in the area to the extent it adversely affects local habitants in general and environment in particular-Authorities concerned issuing notifications/taking remedial measures-On consideration/examination of reports/recommendations/notifications and reports of action taken by the authorities, petitions disposed of the with directions. Forest Policy-Mining and industrial development-Held: Permission for mining activity should not be granted without appraisal of proper Mine Management Plan from the environmental angle and enforcing it strictly. Forest Land-Mining activity-Grant of-Held: It should be examined in the light of principle of sustainable development and can be permitted to continue so long as environment is not affected adversely-However, it should not be allowed on the forest land ear-marked for afforestation/plantation from foreign funds. Mining Activity-Grant of permission-Conditions-Held: Right to live includes right of enjoyment of pollution free air and water-Mining operations impairs ecological and natural resources-Utmost good faith and honesty on the part of the /ease-holders are pre-requisite for preventing and considering environmental degradation-They should disclose the probable effect of the activity in polluting the environment to the authorities concerned before seeking permission to carry on the same.Ground water resources-Preservation of-Held: Water shed management/rain water harvesting/other methods of conservation of water resources and provisions thereto should be made-Funds should be created for eco-restoration in the region-Continuous inspection should be carried out to ensure compliance with the requirements for sustainable development-- If due to mining activity water level is touched, it should be stopped and Monitoring Committee has to carve out the area. Notifications:Notification dated May 7, 1992-Effect of-No mining activity could be permitted in the area under plantation in Aravalli project in order to protect the ecology of the Aravalli region. Notification dated January 27, 1994-Scope of-Held: No mining operation could be commenced/renewed without Environment Impact Assessment having been done and clearance obtained from the Central Government.Notification dated November 29, 1999-Scope of-Held: It stipulates preparation of master plan integrating the environmental concerns and future land use-It has to be modified so as to indicate proposed restoration to compensate in lieu of environmental degradation and also to indicate restoration programmes. Role of Regulatory Authorities:Role of State Pollution Control Board/Ministry of Environment and Forest/Forest Department-Held: They should undertake regular monitoring of the mining activity to check and assess an ambient air and water quality and other environmental protection measures-MOEF should monitor the eco-restoration efforts and to render technological supports thereto-Monitor implementation of recommendations by the expert institutions-Arouse public awareness-Monitoring Committee constituted to undertake the assigned task-Grant of renewal of mining lease should be effected only after ensuring compliance of the norms, public standard and safeguards-Act of negligence/ connivance on the part of the authority should be viewed seriously and principle of accountability should be followed-Forest Department could carry out afforestation on behalf of the mine-operators-The directions should also be followed in respect of mining activity in Faridabad district in public interest.Rules/provisions-Inadequacy of-Held: Rules need to be made for levying charges for dump removal/ecological restoration-Appropriate technology need to be used for mining operations/mining land use and mining decomposing. Disputes relating to non-payment of royalty-Held: May be adjudicated by the appropriate forum in accordance with law. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2004 INSC 188 |
Petitioner | M.c. Mehta |
Respondent | Union Of India And Ors. |
SCR | [2004] 3 S.C.R. 126 |
Judgement Date | 2004-03-18 |
Case Number | 4677 |
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