LexM.C. MEHTA versus UNION OF INDIA AND ORS.
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A M.C. MEHTA V. UNION OF INDIA AND ORS. MARCH 18, 2004 B [Y.K. SABHARWAL AND H.K. SEMA, JJ.] Environmental Laws: Environment (Protection) Act, 1986/Air (Prevention and Control of C Pollution) Act, 1974/Water (Prevention and Control of Poilution) Act, 19741 Forest (Conservation) Act, 1980/Constitution of India, 1950; Article 21: D Writ petition for stopping mining activity in the vicinity of Delhi-Haryana border on ground of environmental degradation-Issuance of directions by the Supreme Court to Expert Environment Agencies/Institutions to suggest ways and means for preventing and controlling pollution in the sensitive ecological region of the border area-Compliance thereto by the authorities concerned to control mining operations in the area to the extent it adversely affects local habitants in general and environment in particular-Authorities concerned issuing notifications/taking remedial measures-On consideration/ E examination of reports/recommendations/notifications and reports of action taken by the authorities, petitions disposed of the with directions. F Forest Policy-Mining and industrial development-Held: Permission for mining activity should not be granted without appraisal of proper Mine Management Plan from the environmental angle and enforcing it strictly. Forest Land-Mining activity-Grant of-Held: It should be examined in the light of princ~nle of sustainable development and can be permitted to ·( continue so long as environment is not affected adversely-However, it should not be allowed on the forest land ear-marked for afforestation/plantation from G foreign jimds. H Mining Plan-Approval of-Permission-Held: Approval of the mining plan does not signifo. approval of mining activity ipso facto-The lease-holders have to comply with the statutory requirements for the protection of environment and control of pollution before starting any such activity. 126 l ·, M.C. MEHTA v.U.O.l. 127 Mining Activity-Gr1111t of per111issio11-Conditions-Held: Right to live A includes right of enjoyment of"pollution fi"ee air and water-Mining operations impairs ecological and natural resources-Utmost good faith and honesty on the part of the /ease-holders are pre-requisite for preventing and considering environmental degradation-They should disclose the probable effect of the activity in polluting the environment to the authorities concerned before seeking B permission to carry on the same. Ground w11ter resources-Preservation of-Held: Water shed management/rain water harvesting/other methods of conservation of water resources and provisions thereto should be made-Funds should be created for eco-restoration in the region-Continuous inspection should be carried C out to ensure compliance with the requirements for sustainable development-- If due to mining activity water level 1~~ toucheq, it should be stopped and Monitoring Committee has to carve out the area. Notifications: Notification dated May 7, 1992-Effect of-No mining activity could be permitted in the area under plantation in Aravalli project in order to protect -,.! the ecology of the Aravalli region. D Notification dated January 27, 1994-Scope of-Held: No mining operation could be commenced/renewed without Environment Impact E Assessment having been done and clearance obtained from the Central Government. Notification dated November 29, 1999-Scope of-Held: It stipulates preparation of master plan integrating the environmental concerns andfuture land use-It has to be modified so as to indicate proposed restoration to F compensate in lieu of environmental degradation and also to indicate restoration programmes. Role of Regulatory Authorities: Role of State Pollution Control Board/Ministry of Environment and G Forest/Forest Department-Held: They should undertake regular monitoring of the mining activity to check and assess an ambient air and water quality and other environmental protection measures-MOEF should monitor the eco- restoration efforts and to render technological supports thereto-Monitor implementation of recommendations by the expert institutions-Arouse public H 128 SUPREME COURT REPORTS [2004] 3 S.C.R. A awareness-Monitoring Committee constituted to undertake the assigned task- Grant of renewal of mining lease should be effected only after ensuring compliance of the norms, public standard and safeguards-Act of negligence/ connivance on the part of the authority should be viewe
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