K M CHINNAPPA IN TAMIL NADU GODAVARMAN THIRUMALPAD Vs. UNION OF INDIA
SUPREME COURT OF INDIA
UNION OF INDIA
Click here to view full judgement.
Arijit Pasayat, J. -
(1.)By destroying nature, environment, man is committing matricide, having in a way killed Mother Earth. Technological excellence, growth of industries, economical gains have led to depletion of natural resources irreversibly. Indifference to the grave consequences, lack of concern and foresight have contributed in large measures to the alarming position. In the case at hand, the alleged victim is the flora and fauna in and around Kudremukh National Park, a part of the Western Ghats. The forests in the area are among 18 immediately recognized "Hotspots" for bio-diversity conservation in the world. The I.A. 670 of 2001 was filed by Sri K.M. Chinnappa describing himself as trustee, Wildlife First.
(2.)The said I.A. No. 670 of 2001 is an off shoot of I.A. No. 548 filed by learned Amicus Curiae questioning the correctness of orders issued by the States of Karnataka and Uttar Pradesh respectively which according to him were in violation of the provision contained in the Wild Life (Protection) Act, 1972 (in short the Act). By order dated 14-12-2000, operation of any order permitting removal of certain trees from National Parks, Game Sanctuaries and Forests was injected. Subsequently, the word forests deleted.
(3.)In the present I.A. learned Amicus Curiae has pointed out that notwithstanding orders passed by this Court on 12-12-1996 and 14-2-2000 mining activities were being conducted by Kudremukh Iron Ore Co. Ltd. (hereinafter referred to as a company) which were in clear violation of orders passed by this Court. The main reliefs sought are :
"(a) to direct the MoEF to withdraw the illegal "temporary working permission" issued by it and stop mining activities;
(b) Direct KIOCL to stop polluting the Bhadra river due to open cast mining;
(c) take action against KIOCL for illegal encroachment in the forests and for destruction of forests in the Kudremukh National Park; and
(d) to stop KIOCL from laying new slurry pipe line in the forests of the National Park."
Copyright © Regent Computronics Pvt.Ltd.