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M.C. Mehta Vs. Union of India (UOI) and Ors.

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
May 8, 2009
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court of India
Sede de la corte
New Delhi
Juez
Balakrishnan, K.G.
Arijit Pasayat
Kapadia., S.H.
Idioma
Inglés
Materia
Recursos minerales, Tierra y suelos
Palabra clave
Conservación de suelos/mejoramiento de suelos Minería
Resumen
Due to its geological location, Aravallis mountain chain stops desertification and it prevents expansion of the desert into Delhi. On account of extensive mining on a disproportionate scale without taking remedial measures has resulted irreversible changes in the environment at Aravalli. It is in the afore stated background that any mining activity came to be banned under Order dated 29/30.10.2002. After that Order, I.As. were moved saying that applications have been filed for EIA and for approval of plans and it is at this stage that this Court ordered that no mining activity could be carried out without remedial measures being taken and for that purpose, it was necessary that EIA had to be done before any mining activity could be permitted. In M.C. Mehta case, decided on 18.3.2004, this Court observed that mining activity can be permitted only on the basis of sustainable development and on compliance with stringent conditions as the Aravalli Hill Range has to be protected at any cost and in case despite stringent conditions, mining results in an irreversible consequence on the ecology in the said area then at a later date the total stoppage of mining activity may have to be considered. In january 2009, the decision to ban/suspend mining in the above area has been taken by State of Haryana. The Apex Court has now decided not to focus only on individual sites but to take a macro view of the matter, particularly while deciding the question of suspending mining operations. It is important to note that most of the Applicants who are seeking to mine today in the virgin areas have mined out areas in the past without taking remedial measures. They have abandoned the sites after mining without rehabilitation of the degraded lands and the consequence is devastation. Based on sustainable development principle which is part of Articles 21, 48A and 51A (g) of the Constitution of India, the Court has decided that time has now come to suspend mining in the above Area till statutory provisions for restoration and reclamation are duly complied with, particularly in cases where pits/quarries have been left abandoned. The Reclamation Plan duly certified by State of Haryana, MoEF and CEC is prepared in accordance with the Mines and Minerals (Development and Regulation) Act, 1957 as well as with the Mineral Concession Rules, 1960 and Mineral Conservation and Development Rules, 1988.
Texto completo
COU-156154.pdf
Página web
www.indiankanoon.org