CONSUMER EDUCATION AND RESEARCH SOCIETY versus UNION OF INDIA AND ORS.

CONSUMER EDUCATION AND RESEARCH SOCIETY versus UNION OF INDIA AND ORS.

The appropriate course is not to quash the impugned resolution and notification as the State Legislature took the decision after due deliberation. In cases balancing environment and development, the 'Principle of Protection' and 'Polluter Pays' apply, not outright prohibition, unless irreversible adverse effects are...

Source-derived case information.

Parties
Petitioner: Consumer Education and Research Society; Respondent: Union of India; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
16 February 2000
Procedural Posture
Special Leave Petition (civil) / Final Order After Hearing on Merits, Petition Not Yet Disposed
Outcome
Appeal dismissed; interim order continued; directions issued; SLP kept pending.
Legal Topics
Wildlife Sanctuary Area Reduction, State Legislation and Judicial Review, Mining and Industrial Development, Sustainable Development Principles
Environmental Law Constitutional Law Wildlife Sanctuary Area Reduction State Legislation and Judicial Review Mining and Industrial Development Sustainable Development Principles

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Summary, issues, holding and outcome

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Parties

Consumer Education and Research Society

Petitioner

Union of India

Respondent

State of Gujarat

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Order After Hearing on Merits, Petition Not Yet Disposed

Legal Issues

  1. 1 Legality of reduction in the area of Narayan Sarovar Chinkara Sanctuary by State Legislature resolution and government notification under s.26A(3) of Wild Life Protection Act, 1972
  2. 2 Whether Court can quash the resolution and notification on grounds of procedural or substantive inadequacy
  3. 3 Appropriate judicial approach in balancing environment protection and economic development

Ratio Decidendi

The appropriate course is not to quash the impugned resolution and notification as the State Legislature took the decision after due deliberation. In cases balancing environment and development, the 'Principle of Protection' and 'Polluter Pays' apply, not outright prohibition, unless irreversible adverse effects are shown. Restricted and regulated exploitation of mineral resources is to continue with safeguards and judicial oversight.

Court Disposition

Appeal dismissed; interim order continued; directions issued; SLP kept pending.

Orders

  • The interim order permitting limited mining continues for one year.
  • Any expansion of mining requires permission from this Court.