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B. R. GAVAI, VIKRAM NATH
In Re: T. N. Godavarman Thirumulpad – Appellant
Versus
Union of India – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. When we pronounced our judgment in I.A. No. 131377 of 2022 along with connected applications in Writ Petition (Civil) No. 202 of 1995 on 26th April 2023, we did not anticipate that within a few days, we would be called upon to clarify the position as to whether mining activities would be permissible beyond the distance of one kilometer from the boundary of the Protected Area, irrespective of the fact that such an area falls under the Eco-Sensitive Zone (in short “ESZ”) notified by the Ministry of Environment, Forest and Climate Change (“MoEF” for short).
2. We are grateful to the applicant in the present application for giving us this opportunity to clarify this position so that further environmental damage is avoided.
3. The case of the applicant, in brief, is that the applicant was granted permission to execute a mining lease as early as in 2005, subject to clearance from MoEF as well as the National Board for Wild Life.
4. Shri Ranjit Kumar, learned senior counsel appearing for the applicant, submits that the area where the applicant proposes to carry out the activity is beyond 2.26 kilometer from the nearest boundary of the Radhanagari Wildlife Sanctuary
Prohibition of mining within Eco-Sensitive Zones and near Protected Areas as per environmental protection laws.
Prohibition of mining within one kilometer from the boundary of National Parks and Wildlife Sanctuaries applies pan-India, emphasizing strict adherence to environmental protection guidelines and ESZ ....
Protection of forest land – Mining within national parks and wildlife sanctuaries shall not be permitted – No new permanent structure shall be permitted to come up for whatsoever purpose within ESZ.
Protection of Ecology – Necessity to have ESZs is to provide a buffer zone around Protected Areas – Rights of villagers residing in Protected Areas are required to be settled in accordance with provi....
The court reinforced the prohibition of mining within one kilometer of wildlife sanctuaries, emphasizing adherence to environmental protection laws.
''Zero Meter'' Eco-sensitive Zone- Law does not require a procedure akin to one, which is being followed at the time of making an environment impact assessment before giving clearance.
Mining activities are prohibited in and around forest areas, particularly in Eco Sensitive Zones, as per established legal precedents, emphasizing the importance of environmental protection.
The Supreme Court ruling allows quarry operations near a wildlife sanctuary, invalidating SEIAA's requirement for wildlife clearance based on its prior orders, asserting precedence over regulatory co....
Conditions for environmental clearance can't impose undue requirements if project distance meets statutory guidelines, as determined by recent Supreme Court rulings.
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