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Rural Litigation and Entitlement Kendra Dehradun and others (Petitioners) v. State of U.P. and others (Respondents)

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Mar 12, 1985
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of India
Juge
Bhagwati, P, .N.
Nath Sen., A.
Misra, R.
Numéro de référence
Writ Petns. Nos. 8209 and 8821 of 1983 D. 12-3-1985
Langue
Anglais
Sujet
Eau, Ressources minérales
Mot clé
Zone de conservation des eaux Exploitation minière Licence d'exploitation minière
Résumé
The Supreme Court received a writ petition from Rural Litigation and Entitlement Kendra regarding the 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 appointed an expert committee (the “Bhargav Committee”) for the purpose of inspecting the lime-stone quarries. They divided all 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). The Court was of the view that lime-stone quarrying and excavation of the lime-stone deposits seemed to affect the perennial water springs. The environmental disturbance had however to be weighed in the balance against the need of lime-stone quarrying for industrial purposes in the country. It decided that category C quarries should not be allowed to be operated and a number of the quarries listed in category B should not be operated as well. Those quarries of category A were divided into two groups depending whether they were located inside or outside of the city limits of Mussoorie. Those outside of the city limits were allowed to be operated. For those within the city limits the Court appointed another expert committee that would examine the possibility to operate. The Court was conscious that as a result of its order, the workmen employed in the closed quarries will be thrown out of their employment. It emphasized though that afforestation and soil conservation programmes would have to be taken up in the closed quarries and ordered that the Government of India should, as far as practicable, provide employment to these workmen in the afforestation and soil conservation programmes.
Texte intégral
Jud.Dec.Nat.pre.pdf
Disponible en
UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume I, Page 275

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