Environmental Laws: Mining activities beyond the distance of one kilometer from the boundary of the Protected Area, irrespective of the fact that such an area falls under the Eco-Sensitive Zone-ESZ – Permissibility of – Held: Some of the National Parks and Wildlife Sanctuaries, the ESZ areas are less than one kilometer, in some, it is as less as 500 meters or even less than 500 meters – Thus, it is clarified that even in case where the ESZ boundaries are less than one kilometer from the Protected Area, the ban on mining shall extend upto a distance of one kilometer from the boundary of such areas – Since the mining activity in ESZ area is a prohibited activity, even if in a particular case, the ESZ is more than one kilometer, still, if the concerned area where mining is proposed falls within the ESZ, the mining activity will not be permitted, even if it falls in an area which is beyond one kilometer from the boundary of the Protected Area.
T.N. Godavarman Thirumulpad Vs. Union of India
(2010) 13 SCC 740; Goa Foundation v. Union of India and Others (2014) 6 SCC 590 : [2014] 5 SCR 302 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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