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SANDEEP MEHTA, KULDEEP MATHUR
Tal Chappar Sanctuary – Appellant
Versus
Principal Secretary, Govt. Of Rajasthan – Respondent
JUDGMENT
1. Lord Krishna said in Shri Bhagwat Geeta:
(Bhagwat Geeta Chapter 3 Verse 14)
All living beings subsist on food, and food is produced by rains. Rains come from the performance of Yagna or sacrifice, and Yajna or sacrifice is born out of actions that are filled with responsibility towards environment, ecology and society as a whole.
2. A hundred and thirty-two years ago, in 1854, 'the wise Indian Chief of Seattle' replied to the offer of 'the great White Chief in Washington' to buy their land. The reply is profound. It is beautiful. It is timeless. It contains the wisdom of the ages. It is a profound statement on environment. We are tempted to quote the whole of it:
"How can you buy or sell the sky, the warmth of the land? The idea is strange to us.
"If we do not own the freshness of the air and the sparkle of the water, how can you buy them?
"Every part of the earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every clearing and humming insect is holy in the memory and experience of my people. The Sap which courses through the trees carries the memories of the red man.
"The white man's dead forget the country of their birth w
The main legal point established in the judgment is the court's authority to protect wildlife and natural habitats, as well as to enforce mandatory guidelines for determining Eco-sensitive Zones laid....
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.
''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.
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....
Encroachments on deemed forest land require immediate removal per demarcation; sustainable development near wildlife corridors mandates forest inputs; time-barred claims on pre-existing structures no....
The establishment of a Tiger Safari in buffer zones is permissible under the Wild Life (Protection) Act, provided it adheres to ecological and statutory guidelines, emphasizing the public trust doctr....
The court affirms the protection of forest areas under the Forest (Conservation) Act, emphasizing the need for strict compliance with environmental laws during development within ecologically sensiti....
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