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

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
Dic 18, 1986
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court of India
Sede de la corte
New Delhi
Juez
Bhagwati
Rangnath
Número de referencia
(1986) INSC 272
Idioma
Inglés
Materia
Recursos minerales, Agua
Palabra clave
Derecho constitutional Minería
Resumen
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.
Texto completo
272.html

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