COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Deforestation, Mining Operations, Public Interest

AMBICA QUARRY WORKS v. STATE OF GUJARAT and others

AIR 1987 SC 1073
SABYASACHI MUKHARJI and K.N. SINGH, JJ

Introduction

The State Government rejected an application for renewal of a mining lease under section 2 of the Forest (Conservation) Act 69 of 1980, which requires permission to be obtained from the Central Government for using forest areas for non-forest purposes. The appeal in the Supreme Court centred on the question of a proper balance between the need of exploitation of the mineral resources lying within forest areas, the preservation of ecological balance, and curbing the growing environmental deterioration.

Legislative Framework

Gujarat Minor Mineral Rules 1966.
Forest (Conservation) Act, 1980.

Held

In dismissing the appeals, the Supreme Court said that the rationale underlying the Forest (Conservation) Act was a recognition of the serious consequences of deforestation, including ecological imbalances, and the prevention of further deforestation. The Court observed that in this case the renewal of the mining leases will lead to further deforestation or at least will not help reclaiming the areas where deforestation has taken place. The primary duty the Court said, was to the community and that duty took precedence in these cases. The obligation to the society must predominate over the obligation to the individual.

Cases Cited

AIR (1985)SC 814
AIR (1966)SC 296
1901 AC 495