SUPREME COURT OF INDIA
Y.K. Sabharwal, Arijit Pasayat, JJ.
T.N. Godavarman Thirumalpad And Society, Protection Of Human Rights And Ors. - Petitioner
Versus
Union Of India (UOI) And Ors. - Respondent
IA 798 with Writ Petition (C) No. 202 of 1995
Decided On : 16-12-2002
Mining - Environmental Protection - Forest (Conservation) Act, 1980, Wild Life (Protection) Act, 1972, Environment (Protection) Act - Sections 2, 18, 35, 23, 3, 4, 5 - The court issued directions regarding mining activities in forest areas, sanctuaries, national parks, and game reserves, and specified the conditions under which mining may be permitted in certain districts. The Central Empowered Committee was requested to provide recommendations on highlighted aspects within a specified timeframe.
Fact of the Case:
The court issued various orders and directions related to mining activities in forest areas, sanctuaries, and national parks, and specified conditions for mining in certain districts.
Finding of the Court:
The court found that mining activities should be regulated and permitted only under specific conditions as per the relevant environmental protection and forest conservation acts.
Issues: Regulation of mining activities in forest areas, sanctuaries, and national parks, delegation of power for granting mining approvals, and resolution of disputes regarding the applicability of forest conservation acts.
Ratio Decidendi: The court's decision was based on the interpretation and application of the Forest (Conservation) Act, 1980, Wild Life (Protection) Act, 1972, and Environment (Protection) Act, particularly focusing on the restrictions and conditions for mining activities in specified areas.
Final Decision: The court issued specific directions regarding the regulation and permission of mining activities in forest areas, sanctuaries, and national parks, and requested the Central Empowered Committee to provide recommendations within a specified timeframe.
ORDER :
IA 827
1. Let Central Empowered Committee file its response to the affidavit dated 14.12.2002 filed on behalf of Ministry of Environment & Forest within three weeks. List on 14.2.2003.
IA 798
2. Reply by the respondent be filed within four weeks. List on 14.2.2003.
IA 745
3. Mr. ADN Rao, learned counsel states that out of 23 accused in the murder of Sanjay Singh, some of them have been arrested and for remaining proceedings are being taken for declaration of proclaimed offenders and efforts made to apprehend them. List on 14.2.2003.
IAs 782 to 784, 793 to 795 and 813 to 815.
4. The applications are referred to Central Empowered Committee which will respond thereto within six weeks. List on 14.2.2003.
I.A. 785 :
5. The application is referred to Central Empower Committee for its suggestions.
IA 786
6. Issue notice to the Ministry of Environment. Mr. Rao will respond to the application. List the application on 14th February, 2003.
IA 799
7. Union of India will respond. List the application on 14th February, 2003.
IA 804
8. We direct the Chief Secretary of the State of Madhya Pradesh to file reply on or before 20th December 2002.
IAs 805-806, 807-808, 809-810 and 811-812
9. Referred to the Central Empowered Committee for its suggestions.
Contempt Petition 479/2002 with IA No. 1 in WP 202/95
10. The copy of the application be served on to the Amicus Curiae.
IA 836
11. Mr. Himansh Sekhar, learned counsel accepts notice on behalf of Respondent No. 4 and Mr. Rao,' learned counsel accepts notice on behalf of respondent Nos. 1-3.
12. Counter affidavit be filed within four weeks. Rejoinder affidavit, if any, be filed in another two weeks.
13. Till further order, the operation of the order dated 20th August, 2002 shall remain stayed.
14. The above order will apply to similar other areas in the National Park. It would be the responsibility of the State Government to ensure the compliance of the same.
Cont. P. 193/2001
15. We request Central Empowered Committee to give recommendations on the aspects which have been highlighted in the Report filed by the Principal Chief Conservator of Forests, Tamil Nadu within four weeks.
16. List the matter for hearing on 7th March, 2003 at 2.00 p.m.
IAs 828, 833, 834-835, 837-838, 839, 840, 846 and 847
17. One of the aforesaid applications has been filed by the State of Rajasthan seeking modification or clarification to the effect that the order dated 29/30th October 2002 would be applicable only to illegal mines in the Aravalli hills. IA 840 has been filed by M/s. Gurgaon Sohna Mineral and Anr. seeking similar relief. Applications have also been filed by State of Haryana and other parties.
18. We have heard learned counsel. On 29th/30th October, 2002 this Court prohibited and banned the mining activities in the entire Aravalli hills. This ban, it was directed, is not limited only to the hills encircling Kote and Alampur villages but extends to the entire hill range of Aravalli from Haryana to Rajasthan. The Chief Secretary, State of Haryana and State of Rajasthan were directed to ensure that no mining activity in the Aravalli hills is carried out, especially in that part which has been regarded as Forest Area or protected under the Environment (Protection) Act.
19. On consideration of the report of Central Empowered Committee dated December 14, 2002, we issue the following further directions :
(2) Under
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