LexT.N. GODAVARAMAN THIRUMULPAD versus UNION OF INDIA AND ORS.
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T.N. GODA V ARAMAN THIRUMULP AD v. UNION OF INDIA AND ORS. NOVEMBER 23, 2007 (K.G. BALAKRISHNAN, CJ., DR. ARIJIT P ASAY AT AND S.H. KAPADIA,JJ.] Environmental Law : Sustainable Development-Balancing of development needs with protection of environment and ecology-Application by Mis VAL for clearance for use of reserve forest to set up "Alumina Refinery Project" in Tribal area involving mining of bauxite deposits in Niyamgiri Hills A B c in Orissa-HELD: while applying the principle of Sustainable D Development one must bear in mind that development which meets the needs of the present without compromising the ability of future generations to meet their own needs is sustainable development- Therefore, Courts are required to balance development needs with protection of environment and ecology-It is duty of State to devise E and implement a coherent and co-coordinated programme to meet its obligation of sustainable development based on inter-generational equity-Mining is an important revenue generating industry- However, national assets cannot be allowed to be placed into the hands of companies without proper mechanism and without ascertaining F credibility of User Agency-Keeping in view the totality of factors mentioned in the order, clearance of project declined-However, Mis SIIL may move the Court if they agree to comply with modalities and Rehabilitation Package as suggested in the order-It is made clear that such an application will not be entertained if made by MIS VAL or G Vedanta Resources. A.P. Pollution Control Boardv. Prof M V Nayudu, (1999] 2 SCC 718, relied on. 447 H 448 SUPREME COURT REPORTS [2007] 12 S.C.R. A CIVIL ORIGINAL JURISDICTION: I.A. Nos. 1324 & 1474 B IN Writ Petition (Civil) No. 202of1995. (Under Article 32 of The Constitution oflndia) WITH I.A. Nos. 2081-2082@ W.P. (C) No. 549/2007. In W.P. (C) No. 202/1995. C Goo lam E. V ahanvati, Sol. Genl. of India, Amarendra Sharan, A.S.G., U.U. Lalit (A.C.), K. Parasaran, K.K. Venugopal, Siddhartha Chaudhury (A.C.), P.K. Manohar, R.S. Rana, Rishikesh Barna, Haris Beeran, R.C. Kathia (for D.S. Mahra), Anil Katiyar, Jana Kalyan Das, Avijeet Bhujabal, Sanjay Parikh, Anitha Shenoy, Jitin Sahni, A.N. Singh, D Ritwik Dutta, Anuradha Dutt, Vijayalakshmi Menon, Naresh Arora, Ekta E Kapil, Raj Panjwani, Krishnan Venugopal, Susmita Lal, Riku Sanna (for >- Corporate Law Group) for the appearing parties. The following Order of the Court was delivered by ORDER Mis. Vedanta Aluminium Ltd. (fonnerly known as "Vedanta Alumina Ltd.") has filed an allplication before this Court seeking clearance of the proposal for use of723.343 ha ofland (including 58.943 ha ofreserve F forest land) in Lanjigarh Tehsil ofKalahandi District for setting up Alumia Refinery. The matter has been pending since 6.3.04. The Project consists of setting up of a large integrated aluminium complex in Orissa by Ml s.Vedanta Aluminium Ltd. (Mis. VAL, for short). The short question which needs to be answered is :whether Mis. G VAL should be allowed to set up its Refinery/Project known as "Alumina Refinery Project". As stated above the Project involves the proposal for diversion of 58.943 ha of forest land. As a matter of preface, we may state that adherence to the principle H of Sustainable Development is now a constitutional requirement. How T.N. GODAVARAMAN THIRUMULPAD v. 449 UNION OF INDIA much damage to the environment and ecology has got to be decided on A the facts of each case. While applying the principle of Sustainable Development one must bear in mind that development which meets the needs of the present without compromising the ability of the future generations to meet their own needs is Sustainable Development. Therefore, courts are required to balance development needs with the B protection of the environment and ecology. It is the duty of the State under our Constitution to devise and implement a coherent and co-ordinated programme to meet its obligation of Sustainable Development based on inter-generational equity (See: A.P. Pollution Control Board v. Proof M V Nayudu, [1999] 2 SCC 718. Mining is an important revenue C generating industry. However, we cannot allow our national assets to be placed into the hands of companies without proper mechanism in place and without ascertaining the credibility of the User Agency. It is not in dispute that in this case mining of bauxite deposits is D required to take
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