T.N. GODAVARAMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

T.N. GODAVARAMAN THIRUMULPAD versus UNION OF INDIA AND ORS.

Clearance for the project was declined as giving national assets to companies without proper mechanism and ascertaining credibility of the user agency is not permissible, and sufficient safeguards were not provided for protection of environment, wildlife, and tribal interests based on the principle of sustainable development.

Parties
Applicant: T.N. Godavarman Thirumulpad; Respondent: Union of India and others
Jurisdiction
India
Judgment Date
23 November 2007
Procedural Posture
Writ Petition (civil) / Interlocutory Application Disposed of
Outcome
Interlocutory Application disposed of; clearance for project declined.
Legal Topics
Sustainable Development, Mining, Forest Conservation, Tribal Rights, Wildlife Protection
Environmental Law Constitutional Law Sustainable Development Mining Forest Conservation Tribal Rights Wildlife Protection

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Parties

T.N. Godavarman Thirumulpad

Applicant

Union of India and others

Respondent

Procedural Posture

Writ Petition (civil) / Interlocutory Application Disposed of

Legal Issues

  1. 1 Whether clearance should be granted for use of reserve forest land for Alumina Refinery Project by Vedanta Aluminium Ltd.
  2. 2 Balancing development needs with environmental and ecological protection under the principle of sustainable development

Ratio Decidendi

Clearance for the project was declined as giving national assets to companies without proper mechanism and ascertaining credibility of the user agency is not permissible, and sufficient safeguards were not provided for protection of environment, wildlife, and tribal interests based on the principle of sustainable development.

Court Disposition

Interlocutory Application disposed of; clearance for project declined.

Orders

  • Liberty granted to M/s. SIIL (Sterlite Industries (India) Ltd.) to apply if they agree to comply with modalities and Rehabilitation Package as suggested.
  • Applications by M/s. VAL (Vedanta Aluminium Ltd.) and Vedanta Resources will not be entertained.