IN RE : T. N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & ORS.

IN RE : T. N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & ORS.

The Court held that mining is prohibited within one kilometre from the boundary of a Protected Area pan-India; where an ESZ boundary is less than one kilometre from the Protected Area, the ban on mining extends up to one kilometre from the Protected Area boundary; additionally, activities prohibited under the 2011 Guidelines and specific ESZ notifications (including commercial mining) are strictly prohibited within the ESZ even if such areas are beyond one kilometre from the Protected Area boundary.

Parties
Petitioner: T. N. Godavarman Thirumulpad; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
28 April 2023
Procedural Posture
Writ Petition (c) No. 202 of 1995 / IA No. 3949 of 2016 (application)
Outcome
Application rejected
Legal Topics
Eco Sensitive Zone (esz), Protected Areas, Mining Regulation, Application of ESZ Notifications, National Board for Wildlife/scnbwl
Environmental Law Administrative Law Eco Sensitive Zone (esz) Protected Areas Mining Regulation Application of ESZ Notifications National Board for Wildlife/scnbwl

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Parties

T. N. Godavarman Thirumulpad

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (c) No. 202 of 1995 / IA No. 3949 of 2016 (application)

Legal Issues

  1. 1 Whether mining activities are permissible beyond one kilometre from the boundary of a Protected Area when the area falls within an Eco-Sensitive Zone (ESZ)
  2. 2 Whether the prohibition on mining in ESZs and under the 2011 Guidelines is subject to the one-kilometre limitation or applies irrespective of distance

Ratio Decidendi

The Court held that mining is prohibited within one kilometre from the boundary of a Protected Area pan-India; where an ESZ boundary is less than one kilometre from the Protected Area, the ban on mining extends up to one kilometre from the Protected Area boundary; additionally, activities prohibited under the 2011 Guidelines and specific ESZ notifications (including commercial mining) are strictly prohibited within the ESZ even if such areas are beyond one kilometre from the Protected Area boundary.

Court Disposition

Application rejected

Orders

  • IA No. 3949 of 2016 rejected
  • Clarification that the ban on mining extends up to one kilometre from the boundary of Protected Areas even where ESZ boundaries are less than one kilometre