Back
2007 Supreme(SC) 1567
Supreme Court of India
K.G. BALAKRISHNAN, CJI., ARIJIT PASAYAT & S.H. KAPADIA, JJ.
T.N. Godavarman Thirumulpad
Versus
Union of India & Others
IAs. Nos. 1413-14, 1426 & other related IAs regarding proposals examined by the FAC in W.P.(C).No. 202 of 1995
Decided On : 07-12-2007
For the Petitioner:Harish N. Salve (Amicus Curiae), Senior Advocate (Siddhartha Chowdhury (Amicus Curiae), P.K. Manohar,) Advocates.
For the Respondents:G.E. Vahanvati, Solicitor General (Harish Beedran, H. Baruah, P. Paremeswaran, Mariarputham), Advocates.
Mining permissions in forest areas require the opinion of the designated Empowered Committee and notification to the Court to ensure environmental compliance; failure to do so justifies a stay on mining activities.
Headnote:(A) Environmental Law - Mining Permissions - Forest Areas - Grant of temporary working permissions for mining leases in forest areas - Requirement to seek opinion of the designated Empowered Committee and notify the Court - Failure to comply with these procedural requirements leads to the suspension of work. (Para 1)
Facts of the case:
Temporary working permissions for 18 mining leases were granted in forest areas of a state. It was observed that the opinion of the designated Empowered Committee was not sought, nor was the matter brought to the notice of the Court, despite the mining areas falling within forest land.
Findings of Court:
The court found that the mining area in question comes within the forest area of the state and that the mandatory consultation with the Empowered Committee and notification to the Court were bypassed.
Issues: Whether temporary working permissions for mining in forest areas can be granted without the opinion of the Empowered Committee and without notifying the Court.
Ratio Decidendi: To ensure environmental oversight and legality, permissions for mining in forest areas must be preceded by the opinion of the designated Empowered Committee and the matter must be brought to the notice of the Court.
Result: Parties impleaded and directed not to carry out any work under the temporary working permissions until further orders.
It is brought to our notice that 18 temporary working permissions have been given for mining leases by the Ministry Environment and Forests (MoEF) in the State of Goa between 1-9-2007 to 30-11-2007. The learned amicus curiae points out that in these 18 cases opinion of CEC was not sought for nor was the matter brought to the notice of this Court and the entire mining area comes within the forest area of Goa.
2. The learned Solicitor General appearing for MoEF may give its response within a week. Post the matter on 14-12-2007.
All these parties – V.M. Salgaocar & Bros. (P). Ltd., Halder Kassim Khan, V.S. Dempo & Co. Ltd., Rajesh Timblo, Badrudin Mavani, Sova, M.S. Talaulicar & Bros., Hiru Bambo Gauns, Sociedade Tmmblo Irmaog, Emco Goa Ltd., G.N. Agarwal, and A.V.S. Velingkar be impleaded as respondents and notice be given to these parties who are granted temporary working permissions. Till such time these respondents are directed not to carry out any work under the temporary working permission.
