1. Mining operations suspended due to overexploitation causing environmental damage — Precautionary principle under Article 21 invoked. (Para 1 , 2 )
Back
SUPREME COURT OF INDIA
S.H. KAPADIA, CJI., AFTAB ALAM, SWATANTER KUMAR, JJ.
Government of Andhra Pradesh and others - Petitioner
Versus
Obulapuram Mining Company Private Limited and others - Respondent
SLPs (C) Nos. 7366-67 of 2010 with Nos. 32690-91 of 2010, etc.
Decided on : 29-07-2011
1. Mining operations suspended due to overexploitation causing environmental damage — Precautionary principle under Article 21 invoked. (Para 1 , 2 )
2. Overexploitation caused considerable environmental damage — Precautionary principle under Article 21 applied. (Para 2 )
3. Precautionary principle, being essence of Article 21, justifies immediate suspension to prevent environmental harm. (Para 2 )
4. Mining operations and transportation in Bellary District suspended immediately; MoEF and CEC directed to submit reports. (Para 1 , 3 , 4 , 5 , 6 )
The precautionary principle, as an essential part of Article 21 of the Constitution, allows the court to suspend operations to prevent further environmental damage. (Para 1 , 2 )
ORDER :
S.H. Kapadia, CJI., Aftab Alam and Swatanter Kumar, JJ.
In continuation of our earlier orders dated 29-4-2011, Govt. of A.P. v. Odulapuram Mining Co. Ltd. , 2011 (12) SCC 495 and 6-5-2011, Govt. of A.P. v. Odulapuram Mining Co. Ltd. , 2011 (12) SCC 493 we are of the view that mining operations and transportation in an area and measuring approximately 10,868 ha in Bellary District be immediately suspended till further orders.
2. We are satisfied that, on account of overexploitation, considerable damage has been done to the environment. We are taking a holistic view of the matter. We have suspended these operations keeping in mind the precautionary principle, which is the essence of Article 21 of the Constitution. (See M.C. Mehta v. Union of India, 2009 6 SCC 142)
3. The matter shall stand over for one week.
4. In the meantime, we direct the Ministry of Environment and Forests ("MoEF", for short) to submit an interim report indicating what is the requirement of steel industry in India as far as iron ore is concerned. Secondly, out of the total requirement of the steel industry in the country, how much is met by the Bellary mines. Lastly, how much of the quantity of iron ore is domestically required and internationally exported. MoEF will obtain this requisite information from the Ministries of Mines, Steel and Commerce.
5. The Secretary, MoEF, will immediately convene a meeting of the Secretaries of the Ministries concerned and furnish a report within a week. We further direct CEC to submit a report on environment impact assessment on account of mining in Tumkur and Chitradurga Districts within a period of three weeks.
6. The affidavits filed by the parties are taken on record.
AI
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top