Gomantek Shetakari Sangha and another v. Union of India and others. País/Territorio India Tipo de la corte Otros Fecha Jul 12, 2010 Fuente UNEP, InforMEA Nombre del tribunal National Environment Appellate Authority Juez Kala., J.C. Idioma Inglés Materia Medio ambiente gen., Recursos minerales, Especies silvestres y ecosistemas Palabra clave Fauna silvestre Protección del hábitat Minería Zona protegida Participación pública Resumen The approval granted by the Ministry of Environment and Forests for mining in the Careamol iron mine in Pirla village in South Goa was granted in favour of Jaisinh Maganlal in September 2007 and was challenged by local group Gomantak Shetakari Sanghatan. The project was stayed in May 2010 by the National Environment Appellate Authority NEAA along with the Pirna Mine of Sesa Goa. Initially, the authority cleared the project following which the group challenged its decision in the Delhi High Court. On the instructions of the court, the case was reopened by the NEAA. The Petitioners contented that the company had concealed several crucial pieces of information - the rich biodiversity including 2 ha. of natural forests and cashew and coconut plantations in the core and buffer area of the lease area; the important archaeological sites 500 m from the mining site; the real impact of the project on the ground water and surface water sources. Further, the public hearing for the project was held 50 km away from the project site which made it very difficult for affected people to attend it. Several faults were found in the EIA report by environmental experts including the fact that the EIA report was prepared based only on the winter season and the hydrological and ecological impact assessment was entirely inadequate. Even though the Project site was within 10 km of two wildlife sanctuaries, no prior clearance was taken from the National Board of Wildlife as required by the Supreme Court in its order dated 04.12.2006 in the Goa Foundation matter. The NEAA has quashed the approval granted by the Ministry of Environment and Forests the ground that the Ministry had failed to take into account the adverse impact due to mining on livelihood, the rivers and streams which adjoin the mining lease area and the long term impact on the ecology. The NEAA had been kept in dark by the firm about the river Kushawat flowing within 50 metres of the mining project. Further, a monument is within a distance of 500 metres from the mine and this fact also was not disclosed to the NEAA. As the project is less than 10 km from the Cotigao and Netravali wild life sanctuaries, the ministry has been directed to seek a clearance from the standing committee of the National Board for Wildlife, vide Supreme Court order dated 4 december 2006 in writ petition No. 460/2004 in the natter of Goa Foundation v/s Union of India. It was also observed that the mitigative measures and the safeguards proposed can hardly take care or compensate the damage mining would cause to the area in the short and the long term. Authority also feels that the contribution of this inferior iron ore to the States exchequer does not call for striking a balance between development and environment protection of the area. Texto completo COU-155951.pdf Página web belpo.org