T N GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) M/s. Vedanta Aluminium Ltd. (formerly known as "Vedanta Alumina Ltd.") has filed an application before this Court seeking clearance of the proposal for use of 723.343 ha of land (including 58.943 ha of reserve forest land) in Lanjigarh Tehsil of Kalahandi District for setting up Alumina Refinery. The matter has been pending since 6.3.04. The Project consists of setting up of a large integrated aluminium complex in Orissa by M/s. Vedanta Aluminium Ltd. (M/s. VAL, for short).

(2.) The short question which needs to be answered is: whether M/s. VAL should be allowed to set up its Refinery/Project known as "Alumina Refinery Project". As stated above the Project involves the proposal for diversion of 58.943 ha of forest land.

(3.) As a matter of preface, we may state that adherence to the principle of Sustainable Development is now a constitutional requirement. How much damage to the environment and ecology has got to be decided on the facts of each case. While applying the principle of Sustainable Development one must bear in mind that development which meets the needs of the present without compromising the ability of the future generations to meet their own needs is Sustainable Development. Therefore, courts are required to balance development needs with the protection of the environment and ecology. It is the duty of the State under our Constitution to devise and implement a coherent and co-ordinated programme to meet its obligation of Sustainable Development based on inter-generational equity (See: A.P. Pollution Control Board v. Prof. M.V. Nayudu, 1999 1 SCR 235 ). Mining is an important revenue generating industry. However, we cannot allow our national assets to be placed into the hands of companies without proper mechanism in place and without ascertaining the credibility of the User Agency.