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Godavarman Thirumulpad Vs. Union of India (UOI) and Ors.

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
Dic 15, 2006
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court of India
Sede de la corte
New Delhi
Juez
Kapadia, JJ.
Arijit Passayat, S.H.
Sabharwal, C.J.
Número de referencia
2006(14)SCALE87
Idioma
Inglés
Materia
Recursos minerales, Tierra y suelos
Palabra clave
Conservación de suelos/mejoramiento de suelos
Resumen
Appeals I.A. No. 1150 in I.A. No.1010, I.A. 1010 and I.A. 1458 in I.A. 1010 in I.A. 670 are an off shoot of a judgment of this Court in IA 670 of 2001 in Writ Petition (C) 202 of 1995. It related to the question whether functioning of Kudremukh Iron and Ore Company Ltd. (in short 'KIOCL') was having adverse effect on the environment and ecosystem. The Court directed closure of mining operation by end of 2005, this time was not given for running mines for profit but as winding down period at end of which mining to be closed. The operations during the period had to be under the supervision of the Monitoring Committee which in turn functions under the supervision of Central Empowered Committee (in short 'CEC'). What KIOCL wants now is to continue mining of 8 to 9 lakh tonnes of ore. IIT, Delhi was appointed vide and in its report observed that solution was to be found by experts and heart-beat of that solution was the stability of slopes involving "no or minimal disturbance to the unbroken area”. A Closure Plan is necessary for stabilizing the slopes. The Closure Plan proposed by KIOCL is well conceptualized but falls short of adequacy in detailing. Closure Plan proposed stabilization of slopes by flattening them and also by additional excavation of slopes in broken region as well as unbroken portion in northwestern part of mine, to be followed by re-vegetation of slopes for controlling erosion of fine material. Check dams were proposed to prevent siltation of Bhadra River during initial stages till vegetative growth gets established and causes reduction in silt erosion. The scope of work defined by KIOCL to NIRM for their study did not specify the condition of "no or minimal disturbance to unbroken area" whereas a solution to the stability of slopes with no or minimal disturbances to unbroken area is feasible and by adopting certain measures, stability of the mined area can be improved. The court has decided that, on the basis of the report dated 10.04.2006 of IIT Delhi, through a Global Competitive Bid an Agency to be selected for: (a) re-analysing the stability of slopes, (b)drawing up of mine closure plan and (c) implementation of the above plan, IIT Delhi shall draw up detailed terms for the work to be done, consistent with the basic paradigm of "no or minimal disturbance to unbroken area" and submit to this Court within a period of four weeks for further directions.
Texto completo
COU-155489.pdf
Disponible en
http://www.indiankanoon.org