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Title:
K.M. Chinnappa, T.N. Godavarman Thirumalpad v. Union of India & Ors
Party:
India
Región:
Asia y el Pacífico
Type of document:
National - higher court
Date of text:
Octubre 30, 2002
Data source:
InforMEA
Court name:
Supreme Court of India
Seat of court:
New Delhi
Justice(s):
Sabharwal
Pasayat
Reference number:
(2002) INSC 453
ECOLEX subject(s):
Especies silvestres y ecosistemas
Resumen:
This case dealt with mining activities in Kudremukh National Park and the corresponding concerns about flora and fauna. The forests in the area were among 18 internationally recognized "Hotspots" for bio-diversity conservation in the world. In order to reach its decision, the court, among others, referred to the 1972 Stockholm Declaration of United Nations on Human Environment and Article 48-A of the Constitution of India, examined the relevance of environmental law as an instrument of environment protection, analyzed different categories of potential liabilities for non-compliance with environmental regulation, and stressed the general importance of environmental impact assessment. It emphasized that the Central Government had not accorded the approval for use of any forest land for being used for any non forest purpose. It was clear therefore that de-reservation of forests, sanctuaries and national parks was prohibited. It was also of significance that in the present case the Forest Advisory Committee, which was established under the Conservation Act, recommended that the mining could be allowed for a period of four years by which time the weathered secondary ore available in the already broken up area would be exhausted. In conclusion, the court found no reason to vary the view of the Committee. It found it proper to accept the time period fixed by the Forest Advisory Committee. It therefore decided that mining was allowed for the said period. This was, however, subject to fulfillment of the recommendations made by the Committee on eco-logical aspects.