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Rural Litigation and Entitlement Kendra & Ors v. State of Uttar Pradesh & Ors

Country/Territory
India
Type of court
National - higher court
Date
Dec 18, 1986
Source
UNEP, InforMEA
Court name
Supreme Court of India
Seat of court
New Delhi
Judge
Bhagwati
Rangnath
Reference number
(1986) INSC 272
Language
English
Subject
Water, Mineral resources
Keyword
Mining Constitutional law
Abstract
This decision related to earlier decisions by the Supreme Court in the same matter. The Supreme Court had received a writ petition from Rural Litigation and Entitlement Kendra regarding the unauthorised and illegal operation of lime-stone quarries in the Mussoorie Hill range, India. It was argued that the quarries caused a hazard to healthy environment and affected the perennial water springs. The Court thereafter had appointed an expert committee for the purpose of inspecting the lime-stone quarries. They had divided the lime-stone quarries into three categories according to the grade of the adverse impact of the mining operations (category A had the least pronounced adverse impact, category B had a more pronounced adverse impact and category C had been directed to be closed down). On a perusal of the previous order dated 12th March, 1985 the court was of the view that the said order had covered almost all the relevant aspects and had touched upon every issue germane to the matter. Besides that, it emphasized that preservation of the environment and keeping the ecological balance unaffected was a task which not only Governments but also every citizen had to undertake. It was a social obligation and every Indian citizen was reminded that it was his fundamental duty as enshrined in Article 51 A(g) of the Constitution. It was for the Government and the Nation - and not for the Court - to decide whether the deposits should be exploited at the cost of ecology and environmental considerations or the industrial requirement should be otherwise satisfied. It could perhaps be possible to exercise greater control and vigil over the operation and strike a balance between preservation and utilization. On the basis of appropriate advice, Government should take a policy decision and firmly implement the same.
Full text
272.html

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