Original language

English

Country
India
Date of text
Sources
Court name
National Green Tribunal
Seat of court
New Delhi
Reference number
No. 73/2012
Tagging
Biodiversity, Forests, Wildlife, Protected Areas, Inspections, Precaution, Standing
Free tags
Mineral resources
Forestry
Justice(s)
Swatanter Kumar; U.D. Salvi; Dr. D.K. Agrawal; Prof. A.R. Yousuf; Dr. R. C. Trivedi
Abstract

In this case, the plaintiffs challenged the decision taken by the authorities to grant a permit to an extractive company to dig a mine in the forest surrounding the biodiversity hotspot Hasedo Arand forest.

The plaintiffs pointed out that the mining activities could have some irreversible consequences on the ecosystems even if the mine was not supposed to be located within the perimeter of the biodiversity hotspot.

The National Green Tribunal considered that in view of the evidence of impact on the biodiversity due to several biodiversity corridors crossing the area where the mine was supposed to be implemented, the decision had to be quashed. Indeed, the Tribunal considered that the impacts on the environment were not proportionate to the results expected and requires the authorities to issue a new order which would take into account the damages done to the biodiversity and the ecosystem as well as mechanisms of restorations.