38.6c New Delhi, India, Thursday, March 28, 2024
Judiciary

Hills cannot be given for mining unless there is contradicting public interest

By Athira Nair      04 June, 2021 12:25 PM      0 Comments
Hills cannot be given for mining unless there is contradicting public interest

The Madras HC criticized the practice of issuing licenses for mining of hillocks and hills, which is leading to the exploitation of the land, without calculating the consequences on the environment and the future generation.

The court held that the Government does not have a monopoly over the hills and hillocks to give them away for exploitation.

The judge stated that there is no restriction against mining hills that are rich in minerals. However, he exemplified that it is the constitutional obligation of both the citizens as well the governing authorities to protect the environment and ecology under Article 48-A and Article 51-A(g).

“Man has continued his predatory activities without any break and Nature is losing her patience. The rubicon is about to be crossed and retribution is in the offing. The time for course correction is now or never,” the judge stated.

He asserted that this is a crucial time to implant the most basic thought of all times, the most important contribution to constitutional jurisprudence: environmental law.

“While the administrations can tap the hills and hillocks for mineral resources, the exploitation cannot lead to their destructions. A hill can be allowed to be exploited under certain circumstances but post-exploitation, the hill must remain,” Justice Swaminathan explained.

He elucidates that those mountains, forests, hills and river are nature’s blessings to us and we must ensure that we are saving the environment. This is the principle of inter-generational equity.

Background:

These remarks were made while dealing with the petitions seeking to call off the quarrying operations in mottamalai village, Ayan Kollankondan village, Rajapalayam Taluk, Vrindhunagar District.

The petitioners stated that a self-help group consisting of women had breached the permits.

Harmful activities like explosions and blasting, which endanger the lives of the farmers who work nearby, are being carried out. The leaseholder encroached on a water body. He blocked the pathways of villagers. The local panchayat has also passed an order in favour of the quarrying. 

The state on the other hand argues that the lease was granted in approval of mining. The District Level Environment Impact Assessment Authority had granted clearance and consent was acquired from the Tamil Nadu Pollution Control Board.  It was concluded that the leaseholder had not violated any lease conditions and there has been no statutory breach.

Findings:

The Court noted that the evidence submitted by the petitioners prove the aforementioned claims. It is visible that a part of the hill has been blasted away. The Court firmly rejected the States submissions.

The Court held that the State must demonstrate that all the other places have been exhausted and the mining can only carry out if there is a public interest, per se.



Share this article:



Leave a feedback about this
TRENDING NEWS

sc-declines-to-reconsider-judgement-holding-conspiracy-to-be-scheduled-offence-under-pmla-only-if-offence-specifically-mentioned
Trending Judiciary
SC declines to reconsider judgement holding conspiracy to be scheduled offence under PMLA only if offence specifically mentioned [Read Order]

Supreme Court declines review, confirms conspiracy must relate to a scheduled offence under PMLA, dismissing appeal on money laundering charges.

27 March, 2024 07:40 PM
arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM

TOP STORIES

global-entertainment-giants-warner-bros-netflix-amazon-get-relief-from-delhi-hc-in-copyright-protection-case
Trending Business
Global entertainment giants Warner Bros, Netflix, Amazon get relief from Delhi HC in copyright protection case

Delhi HC grants relief to global entertainment giants like Netflix, Amazon, Warner Bros, ordering takedown of copyrighted content on rogue websites.

22 March, 2024 12:13 PM
arvind-kejriwal-arrested-can-cm-administer-a-region-while-being-in-jail
Trending Top Stories
Arvind Kejriwal Arrested | Can CM administer a region while being in jail?

Will President's rule be imposed in Delhi after Kejriwal’s arrest? Read the full article to know more.

22 March, 2024 03:16 PM
merely-because-you-are-politician-cant-bypass-statutory-remedies-procedure-sc-refuses-to-consider-bail-by-kavitha
Trending Judiciary
'Merely because you are politician, can't bypass statutory remedies, procedure,' SC refuses to consider bail by Kavitha

Supreme Court denies bail to politician Kavitha in Delhi Liquor Policy Scam; ED alleges Rs 100 crore illegal gratification.

22 March, 2024 03:34 PM
ponmudi-to-be-sworn-in-as-minister-tn-governor-relents-before-sc
Trending Judiciary
Ponmudi to be sworn in as Minister, TN Governor relents before SC

Tamil Nadu Governor relents to Supreme Court's order, agrees to swear in DMK leader K Ponmudi as Minister after court's rap.

22 March, 2024 03:54 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email