LAFARGE UMIAM MINING PVT. LTD. T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & ORS.

Citation: [2011] 7 S.C.R. 954 · Decided: 06-07-2011 · Supreme Court of India · Bench: S.H. KAPADIA · Disposal: Disposed off
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Judgment (excerpt)

(2011] 7 S.C.R. 954 
A 
LAFARGE UMIAM MINING PVT. LTD. 
T.N. GODAVARMAN THIRUMULPAD 
v. 
UNION OF INDIA & ORS. 
(I.A. NOS. 1868, 2091, 2225-2227, 2380, 25.68 and 2937) 
B 
IN 
WRIT PETITION (C) No. 202 OF 1995 
JULY 6, 2011 . 
[S.H. KAPADIA, CJI, AFTAB ALAM AND K.S. 
C 
RADHAKRISHNAN, JJ.] 
Environmental Law: 
Environment and utilization of natural resources -
0 Balancing of equities - HELD: Time has come to apply the 
constitutional "doctrine of proportionalitt' to the matters 
concerning environment as a part of the process of judicial 
review in contradistinction to merit review - Utilization of the 
environment and its natural resources has to be in a way that 
E is consistent with principles of sustainable development and . 
intemenerational equity, but balancing of these equities may 
entail policy choices -
In the circumstances, barring 
exceptions, decisions relating to utilization of natural 
resources have to be tested on the anvil of the well-recognized 
principles of judicial review - The court should review the 
F decision-making process to ensure that the decision of MoEF 
is fair and fully informed, based on the correct principles, and 
free from any bias or restraint - Once this is ensured, then 
the doctrine of "margin of appreciation" in favour of the 
decision-maker would come into play - Judicial Review -
G Doctrine of proportionality- Doctrine of margin of appreciation 
- Polluter pays principle - Intergenerational equity. 
Mines and minerals - Limestone mining project in East 
Khasi Hills District, Meghalaya - Environmental clearance 
H 
954 
LAFARGE UMIAM MINING PRIVATE LIMITED 
955 
TN. GODAVARMAN THIRUMULPAD v. U.0.1 
and forest clearance - Mining lease agreement signed with .A 
Village Durbar - In the application for environmental 
clearance it was mentioned that the land in question fell under 
Karst topography - No objection granted by KHADC -Site 
clearance granted by MoEF - DFO concerned certified that 
mining site was not a forest area - Environmental public B 
hearing held - Finally, EIA clearance given by MoEF on 
9.8.200 - Subsequently, when it was pointed out that non 
broken area in the leased mine was forest within the meaning 
of Forest (Conservation) Act, 1980, ex post facto · 
environmental clearance and forest clearance granted on c 
19.4.2010 and 22.4.2010, respectively - Validity of - HELD: 
The word "environment" has different facets - That the land 
in question faffs under Kast topography is borne out by the 
certificate dated 27. 8. 1999 issued by KHADC - According to 
the NEHU Report, the site is located in the area on the 0 · 
outskirts of forest.- Requirement·of submitting the proposal 
for forest diversion is exclusively the obligation of the State 
Government - While granting environmental clearance dated 
9.8.2001, there was an express finding that "no diversion of 
forest land was involved" - Since the area of mining lease did E 
not fall in forest, State Government did not submit any 
proposal to Central Government u/s 2 of the 1980 Ac_t - It is 
in view of the existence of 195.8 Act that the native people as 
also the DFO understood the area in the light of the said Act 
- On facts of the case, it cannot be held that the decision to 
grant ex post facto clearances stood vitiated on account of F 
non-application of mind or on account of suppressiOn of 
material facts by the applicant - Similarly, it cannot be held 
that ex post facto clearances have been granted by MoEF in 
ignorance of the existence of forests due to mis-declaration 
- The ex post facto clearance is based on the revised EIA -
G 
In the circumstances, EIA Notification of 2006 would not apply 
- The order of the Court is confined to the instant case only -
United Khasi-Jaintia Hills Autonomous District (Management 
and Control of Forests) Act, 1958 -
s. 2(6) -
Forest 
(Conservation) Act, 1980 -
s. 2 -
Mines and Minerals H 
956 
SUPREME COURT REPORTS 
[2011] 7 S.C.R. 
A (Regulation and Development) Act, 1957 - s.5(1). 
Environment and development - Limstone mining in 
tribal area - Role of triabals and rural public - HELD: Public 
participation provides a valuable input in the process of 
8 
identification of forest - The natives and indigenous people 
are fully aware and they have knowledge as to what constitutes 
conseNation of forests and development - They equally know 
the concept of forest degradation - They are equally aware 
of systematic scientific exploitation of limestone mining 
without
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