Supreme Court calls for finding middle path between ecology, development
In the past, action taken by the court to protect the environment has faced criticism, for instance its decision to ban diesel vehicles to curb air pollution.
Saving the environment should not come at the cost of economic development, the Supreme Court said on Friday, adding that a balance should be struck between the two.
The observation by the top court came on a plea filed by a lawyer, Abir Phukan, seeking a ban on mining in the Saleki forest reserve, situated close to the Dehing Patkai Wildlife Sanctuary in Assam.
The area falls in the elephant corridor and in this region, state-owned Coal Indian Limited (CIL) has obtained approval for mining from the standing committee of the National Board for Wildlife (NBWL) in April this year.
The Centre, represented by additional solicitor general (ASG) Vikramjeet Banerjee, opposed the plea ,claiming that the environmental impact had already been assessed by the NBWL.
Faced with conflicting positions, the bench of Chief Justice of India (CJI) SA Bobde and justices AS Bopanna and Hrishikesh Roy said, “We are conscious of the fact that our orders in favour of environment affect economic development adversely. There has to be some method by which economic development is not retarded as this has a direct impact on poverty in the country.”
In the past, action taken by the court to protect the environment has faced criticism, for instance its decision to ban diesel vehicles to curb air pollution.
Walking the tightrope, the bench said that it was aware of the constitutional duty to protect the environment but at the same time, it cannot be oblivious to the economic impact.
The court issued notice on the application moved by Phukan and directed ASG Banerjee to come out with a proposal for an alternative site in three weeks.
The petitioner was asked to add North Eastern Coalfields,a unit of Coal India, as a party to the case. The standing committee of NBWL gave approval to North Eastern Coalfields on April 7 at a meeting conducted through videoconferencing. The total lease area of 98.59 hectares is situated within a 10-kilometre radius from the boundary of Dehing Patkai Wildlife Sanctuary.
The petition pointed out that on August 29, 2019, the standing committee of NBWL had advised a cautious approach, suggesting that the views of wildlife experts be to sought to assess the impact of the proposed mining in the elephant corridor, considering the area’s rich biodiversity.
The petitioner claimed: “While several measures would be warranted to create jobs and lift the economy, it is submitted that all such measures should be premised on principles of sustainable development highlighted time and again by this Court.”
