GOA FOUNDATION Vs. UNION OF INDIA
LAWS(SC)-2009-9-96
SUPREME COURT OF INDIA
Decided on September 18,2009

GOA FOUNDATION Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) THE applicants herein seek renewal of their mining leases for extraction of iron ore in the State of Goa. The mining area is close to Bhagvan Mahavir Wild Life Sanctuary. It is stated that the area under the lease is only at a distance of about 550 metres from the said sanctuary. The Standing Committee of the National Board for Wildlife looked into the matter and it has submitted its report. The matter has to be further considered by the Forest Advisory Committee. The applicants claim that the general rule that any non-forest activity must not be allowed within a distance of 1 km from the sanctuary/forest area may not be rigidly applied so far as the State of Goa is concerned and in that State the projects should be examined on site-specific basis.
(2.) THE norms in regard to mining operations close to a sanctuary /forest area and the question as to what should be the buffer area/distance for sanctuary/forest area is the subject-matter of the Court's consideration in IA No. 1000 in WP (C) No. 202 of 1995. Let this IA be posted along with IAs Nos. 170-75 in WP (C) No. 460 of 2004 on 30-10-2009. Meanwhile the matter concerning the applicants be examined by the Forest Advisory Committee and its report be made available to the Court by the next date of hearing. FAC will undoubtedly examine the report of the Standing Committee of the National Board for Wildlife (which is not unanimous) and it will also advert to the question as to how far mining activities undertaken by the applicants in the past might have had any adverse effect on the wildlife and whether or not it has breached the groundwater level in the area and gone below it and its likely consequences on the environment/wildlife.
(3.) THEY learned counsel for the applicant submits that pursuant to the order dated;


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