M.C. MEHTA versus UNION OF INDIA AND ORS.

M.C. MEHTA versus UNION OF INDIA AND ORS.

Mining activities in the Aravalli Hill Range within Haryana have resulted in severe, irreversible environmental and ecological degradation due to non-compliance with statutory rehabilitation requirements. In view of the national importance of such assets and inter-generational equity, all mining operations are suspended until a reclamation plan is certified by competent authorities and statutory requirements are fulfilled. Sustainable Development Principle and Precautionary Principle demand balancing and, where necessary, banning of such activities.

Parties
Petitioner: M.C. Mehta; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
08 May 2009
Procedural Posture
Writ Petition (civil) / Disposition of Interlocutory Applications and Orders
Outcome
Suspension of all mining operations in Aravalli Hill Range within Haryana pending certified reclamation plan; Adjournment of applications concerning minor minerals.
Legal Topics
Ecology Protection, Mining Regulation, Environmental Rehabilitation, Sustainable Development, Precautionary Principle, Inter Generational Equity, Statutory Compliance of Mining
Environmental Law Constitutional Law Administrative Law Ecology Protection Mining Regulation Environmental Rehabilitation Sustainable Development Precautionary Principle +2 more

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Parties

M.C. Mehta

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Disposition of Interlocutory Applications and Orders

Legal Issues

  1. 1 Whether continued mining activities in Aravalli Hill Range warrant a total ban due to irreversible ecological degradation
  2. 2 Whether statutory provisions and guidelines for environmental rehabilitation have been complied with by mining operators
  3. 3 The scope of balancing mining activities and environmental protection under the Sustainable Development Principle

Ratio Decidendi

Mining activities in the Aravalli Hill Range within Haryana have resulted in severe, irreversible environmental and ecological degradation due to non-compliance with statutory rehabilitation requirements. In view of the national importance of such assets and inter-generational equity, all mining operations are suspended until a reclamation plan is certified by competent authorities and statutory requirements are fulfilled. Sustainable Development Principle and Precautionary Principle demand balancing and, where necessary, banning of such activities.

Court Disposition

Suspension of all mining operations in Aravalli Hill Range within Haryana pending certified reclamation plan; Adjournment of applications concerning minor minerals.

Orders

  • All mining operations in the Aravalli Hill Range falling within the State of Haryana in the Districts of Faridabad, Gurgaon, and Mewat are suspended till a Reclamation Plan, duly certified by State of Haryana, MOEF, and CEC, is prepared in accordance with statutory provisions, rules, and guidelines.
  • Status reports on rehabilitation and reclamation, as per the plan, to be filed by authorities.