TaxTMI 
TaxTMI 
2018 (1) TMI 1576
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....dated 29.11.2017 whereby, this Court held that the provisions of Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed thereunder would not apply to the imported sand and also issued directions to close the sand quarry, etc. 2. The brief facts necessary for disposal of the appeal would run thus:- (i) The 1st respondent herein ( hereinafter referred to as the writ petitioner) has preferred a writ petition contending that the 1st respondent / writ petitioner is a Private Limited Company provided with Import and Export Code (IEC) bearing No.0412018128 issued by the Ministry of Commerce and industries, the Government of India, in terms of the provisions of Foreign Trade (Development and Regulation) Act. Since then, the writ petitioner was doing the business. (ii) In India, for the past 10 years, there is rapid development of infrastructure and the "natural sand" is one of the major and essential material. Already, the natural sand was exploited from the rivers to its maximum extend and consequently, the ecology is in peril. The deposit of natural sand has come down rapidly in the Indian rivers due to maximum exploitation. While its demands ....
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....ation, Kanyakumari District had seized the lorries along with imported sand and handed over the same to the Revenue Divisional Officer, Kanyakumari District, who in turn handed over the said lorries to the Assistant Director of Geology and Mines, Kanyakumari District. The Inspector of Police has also registered a case in Crime No.450 of 2017 under Mines and Minerals Act, 1957. It is further stated that the 1st appellant / the District Collector Thoothukudi District had instructed the V.O.Chidambaranar Port Trust, Tuticorin, not to allow any private person / Government Firms or any other agency to transport the imported sand from the Port Yard. (vi) On the basis of the instructions, the Port Trust has issued a communication dated 24.10.2017 to the clearing agent, stating that the Port will not permit to transport away the sand. Contending that the provisions of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter called as MMDR Act) and Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter called as MMCR Act) have no application to the imported sand and the appellants have no authority to prevent this imported sand being sold to their customers, and....
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....s in respect of the mines and minerals and exercise of power. (ix) The sum and substance of the counter is that the Rules 2011 mandate the registration of a dealer, obtaining required permission for transportation of the imported sand and also submission of the relevant records connected thereto. By such submission, the respondent in the writ petition sought dismissal of the writ petitioner's claim. 3. The Writ Court, after considering the rival submissions, allowed the writ petition and issued the following directions:- "(a) The State shall stop all sand mining/quarrying activities in the State of the Tamil Nadu within six months from today and shall not open any new sand quarries/mines in future; (b) The quarries of granites and other minerals, except, jelly, have to be periodically closed to maintain ecological balance; (c) The respondents shall forthwith issue appropriate directions to the authorities concerned enabling the importers to transport and sell the the imported river sand with appropriate directions to the importers to produce all the import related documents and maintain proper records reflecting the quantity imported, sold, st....
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....methods for testing be deployed; (k) If any sale related to imported sand is proposed to be carried out, the same has to be done by strictly following the provisions as well as the Rules of local enactments, i.e., under the GST laws; (l) The State shall be at liberty to bring in an enactment to regulate and handle such imported sand within the State, maintenance of records, etc; (m) The respondents 13 to 16 shall issue appropriate guidelines specifying the quality of sand and its usage so as to enable the importers to get appropriate sand with Certificate from the exporter/authorities in foreign soil, so that the life and property of the common public is not jeopardised and the natural wealth of the State is preserved; and (n) A copy of this order be marked to all the parties concerned forthwith for strict compliance/adherence." 4. Assailing the order of the learned Single Judge, the appellants have preferred this appeal, inter alia contending that the provisions of the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealer Rules 2011 are applicable and the definition of "sand" under Rule 38 (c) of the Tamil ....
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....ad into Rules 2011, then Rules 2011 would be applicable and the petitioner would be under the obligation to get permits for storage and transportation even in respect of the imported sands as per Rules 7 and 8 of the Rules 2011. In this regard, the Learned Advocate General relied upon the decision in 2015 (11) SCC 513 (District Magistrate, Haridwar v. Harish Malhotra) to contend that the later enactment is "pari materia". 10. The Learned Advocate General further contended that Rules 1959 and Rules 2011 were made by the State, only in furtherance of the powers granted under Sections 15 and 23 (c) of the MMDR Act and since both the Rules were cognate and subordinate Legislation, the definition under one Rule can be relied on in another. 11. It is also contended that as per Section 4(1A) of the MMDR Act, and Rules 1959 were amended and Rules 2011 were enacted in furtherance of the introduction of Sub-section, 1A to Section 4 in 1999 and therefore the appellants are well within their powers to exercise their jurisdiction over the imported sand as well as Section 4 and 4(1A), which are to be read dis-jointly. Further the learned Advocate General contended that though the word "reg....
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....onmental protection. While so, the ban on mining on the river bank is unwarranted. 15. The learned Advocate General further submitted that the Government has taken steps to curb the illegal mining and steps were taken for fresh survey, site selection, boundary demarcation, sensitisation of the officials on the environmental impact of sand mining, CCTV monitoring, District Level Monitoring and State Level Monitoring by task force with provisions for appeal, the centralised control room, creation of legal room, liability of contractors, mine closure and plan and promotion of M-sand. The learned Advocate General also relied upon a judgment of the Supreme Court reported in 2016 10 SCC 165, AIR 1961 Supreme Court 232, AIR 1962 Supreme Court 1406 and 1985 2 SCC 116 and the Full Bench Judgment of the Kerala High Court in WP(C).No. 4484 of 2012 and sought to set aside the order of the learned Single Judge. In the course of arguments, the Learned Advocate General fairly submitted that Rules 38 (A), 38 (B) and 38(C) of Minor Mineral Concession Rules would not apply for imported sand. 16. Per contra, the learned Senior Counsel appearing for the 1st respondent / writ petitioner urged tha....
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....e sand is concerned, the learned Senior Counsel contended that silica is a part of the sand and the imported sand contains silica of 81.6%, which can be used for construction purpose and only when the percentage of silica is higher, i.e., over 95%, it can be used purely for industrial purpose. 19. The learned Senior Counsel appearing for the first respondent / writ petitioner also contended that since the Central Government has permitted the import of sand, though the duty along with GST has been remitted, the State Government instead of encouraging importers and for obvious reasons, interfered with their lawful trade. Hence, the writ petitioner cannot be prevented from transporting and selling the sand, as it would violate the rights granted under Article 19(1)(g) of the Constitution of India. Further, it was also pointed out that the imported sand is an alternative sand, like M-sand, and by encouraging the import, the river-bed can be preserved, thereby, curtailing the hazardous illegal mining. The learned Senior Counsel further relied upon the judgments in AIR 2004 Madras 151 , 1995 (2) SCC 402, 2014 (9) SCC 657, 2003 (4) SCC 753and 2010 (13) SCC 1 and sought dismissal of the....
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....ontention, he relied on the judgment of Supreme Court in 1981 (2) SCC 308 (Union of India v. R.C.Jain) and AIR 1962 Supreme Court 847 (Jumma Masjid v. Kodimaniandra Deviah), and further contended that the need of the hour is to protect the environment and the balance of demand for sand by liberalising the imports. Hence, the learned Senior Counsel sought dismissal of the writ appeal. 23. We have heard the rival submissions and perused the materials available on record. 24. After hearing the parties, this Court finds that the following questions arise for consideration:- (1) Whether the writ petitioner is liable to register and seek permits forstorage, transportation and sale of imported sand from outside india as per the MMDR Act, 1957, TNMMR 1959 and Tamil Nadu Prevention of Illegal Mining, Transportation and storage of Minerals and Mineral Dealers Rules 2011? (2) Whether the directions issued by the writ court exercising its powers under Article 226 of the Constitution of India needs interference? (3) Whether this Court has a legal obligation/mandate to preserve ecology, i.e Sand, Forests, Water, Air, etc for the present and for future generations....
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....r may grant transit pass in Form 'F' for such period and subject to such terms and conditions as may be imposed by him or may refuse to grant such transit pass for the reasons to be recorded in writing and communicated to the applicant. (4) Any person who transports the minerals and who is required to carry transit shall produce pass on demand to the authorised officer or any officer or authority who has been empowered under sub-section (4), Section 21 of the Act." Rule 7:- "7. Conditions.-The registration certificate shall be granted in Form 'D' subject to the following conditions:- (i) 'All trades in minerals should be registered as dealers. However in the case of Mineral Dealers who deal exclusively with imported minerals of a variety not available in Tamil Nadu, no inspection of the Units outside the State from which the minerals are secured will be done. The mineral traders however should file quarterly statement of their minerals imported into the State and produce proof of payment of any entry tax or other tax leviable by the State of Tamil Nadu whenever called upon to do so. (ii) The grantee of registration shall maintain the det....
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.... more particularly the Rules, 2011 would be applicable to the imported sand. A perusal of the judgment of the Learned Single Judge would indicate that the judgment was rendered after meticulously considering all the provisions relied upon by either side. At this juncture, it is necessary to refer to the findings of the Learned Single judge on the applicability of the Rules to the imported sand:- "23.1. A cursory perusal of the aforesaid provisions throws lime-light on the issue that revolved around for consideration before this Court and thus, the following could be culled out for better appreciation: The Mines and Minerals (Development and Regulation) Act, 1957 deals with reconnaissance, prospecting and mining operations within the country of India. The scope and object of the act is spelled out in Section 4 extracted above. The Act does not contemplate or deal with imports. Section 13 of the Act enables the Central Government to make rules and exercising the power, the Minor Concession Rules, 1960 were framed. Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957, enables the State Government, by notification in the Official Gazette, to make rules f....
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....ction of Rules 38-A, 38-B and 38-C did not alter the original position. At this juncture, it is to be borne in mind that the object of introduction of the Rules in 2003, was only to restrict the right of quarrying of private individuals and increase the role of the State, more particularly, the Public Works Department. The Rules, in the opinion of this Court, can apply only to the sand quarried by the Public Works Department and the restrictions imposed on transportation, stocking and sale of sand would apply only to the sand purchased from Public Works Department or licencee. 27. A conjoint reading of Rule 38-C with other Rules andAppendixes will reveal that it deals with issuance of transport permit to the licencee by the Public Works Department or when the licencee effects a sale and when a sale slip is to be duly authenticated by the Taluk Head Quarters Deputy Tahsildar. A thorough scrutiny of various Forms in APPENDIX XII, XVII, XVIII, XIX, XX and XXII would illustrate that the restrictions in Rule 38C are applicable only to the sand quarried within the State and purchased from the Public Works Department and a licencee, as all the Forms contained columns only demandi....
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....re provisions of MMDR Act, this Court can only come to the conclusion that the parent Act, from which the rule making power is derived by the State Governments itself does not deal with imported sand from another country and is applicable only for the development and regulation of mines and minerals under the control of the Union. Though it could be contended that once the sand is imported, the same would fall under the control of the union, the provisions of the Act do not contemplate such a situation. Further, this court is in complete consonance with the findings of the Learned Single Judge that the provisions of Sections 15 and 23C do not empower the States to deal with imported sand. Also, the Judgments of the Division Bench upholding the validity of Rules 38A and 38C will in no way affect the contentions of the writ petitioner as held by the Learned Single Judge. 29. It is pertinent to mention here though it was contended by the appellants in the writ petition that Rule 38C would empower the appellants to exercise their authority over imported sand also, now a stand is taken that the definition of 'sand' in explanation to Rule 38C must be read into 2011 rules as both origi....
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....on under one enactment cannot be imported into another. Reliance is placed as under: (i) Union of India v. R.C. Jain, (1981) 2 SCC 308 : 1981 SCC (L&S) 323 at page 310:- "1. The question for consideration in this appeal is whether the Delhi Development Authority is a "local authority" whose employees are taken out of the purview of the Payment of Bonus Act, 1965, by Section 32(iv) of that Act, which provides that nothing in the Act shall apply to employees employed by an establishment engaged in any industry carried on by or under the authority of any Department of the Central Government or State Government or a Local Authority. It appears that for about ten years prior to 1973-74 bonus was paid to the employees of the Delhi Development Authority but it was stopped thereafter on the advice of the Ministry of Law. The employees questioned the stoppage of the payment of bonus by filing Civil Writ Petition 1139 of 1979 in the Delhi High Court. The High Court allowed the writ petition and the Union of India and the Delhi Development Authority have preferred this appeal, after obtaining special leave of this Court under, Article 136 of the Constitution. The expression ....
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....e two provisions operate on different fields, and under different conditions, and we see no ground for reading a conflict between them or for cutting down the ambit of the one by reference to the other. In our opinion, both of them can be given full effect on their own terms, in their respective spheres. To hold that transfers by persons who have only a spes successionis at the date of transfer are not within the protection afforded by Section 43 would destroy its utility to a large extent." (iii) Bangalore Turf Club Ltd. v. ESI, (2014) 9 SCC 657 : (2014) 3 SCC (L&S) 1 : 2014 SCC OnLine SC 586 at page 689 "52. An argument raised by the appellants herein is the issue relating to the "doctrine of pari materia". It is contended that since the ESI Act does not define the term "shop", the said definition may be ascertained in the light of the definitions under the relevant Shops and Commercial Establishments Act as enacted by the respective State Legislatures, since the purpose and object of both the enactments are one and the same. 53. For the above purpose, it would be necessary to look into the concept of "doctrine of pari materia" and further ascertain whe....
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....e ESI Act, the 1948 Act and the 1961 Act deal with labour and workmen, in essence and spirit they have a different scope and application. The Acts do not appear to have any overlap in their fields of operation and have mutually exclusive schemes. Therefore, the argument that the Acts are pari materia with each other, must fail. .... 61. It is to be noticed that every word of a language is flexible to connote different meanings when used in different contexts. That is why it is said that words are not static, but dynamic and the Court should adopt the dynamic meaning which upholds the validity or scheme of any legislation. It is settled law that the words used in a particular statute cannot be used to interpret the same word in a different statute especially in light of the fact that the two statutes are not pari materia with each other and have a wholly different scheme from one another. .... 69. In the matters regarding Royal Western India Turf Club Ltd., it is brought to our notice by Shri J.P. Cama, learned counsel, that there are other issues involved as well. Therefore, we now send back the matters i.e. CAs Nos. 49, 1575 of 2006, 3421 and 34....
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....n the case on hand, the Rules 2011 under definition of Minerals in Rule 2 (xiii) specifically excludes" sand". While so, when there is a specific exclusion, the definition in other rules cannot be referred or relied upon, more so, when the Parent Act itself does not deal with imported sand. A plea was made on behalf of the appellants that Sections 4 and 4 (1A) have to be read disjointly. This Court is not agreeing with the said contention, as the provisions have to be read harmoniously with the object of the enactment. Section 4 deals with reconnaissance permit, prospecting or mining operations. Sub section 1A was introduced with effect from 18-12-1999. When a sub section is introduced under a particular section, it has to be read in conjunction with the object of the section. Section 4 states that no operations shall be permitted in any area except under and in accordance with the terms and conditions of permit or licence or lease granted under the Act. Therefore, the transportation and storage referred in the Sub-section 1A can only apply to the mined or quarried mineral under the reconnaissance permit or prospecting licence or mining lease. Further, as rightly held by the Learne....
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....tween features of the transaction or activity in virtue of which it fell within the category of trade, commerce and intercourse and those features which, though invariably found to occur in some form or another in the transaction or action are not essential to the conception. What is relevant is the contrast between the essential attribute of trade and commerce and the incidents of the transaction which do not give it necessarily the character of trade and commerce. Such matters relating to hours, equipment, weight/size of load, lights, which form the incidents of transportation, even if inseparable, do not give the transaction its essential character of trade or commerce. Laws for Government of such incidents "regulate" "Article 301, with which Part XIII commences, contains the crucial words, "shall be free" and provides the key to the solution of the problems posed by the whole part. The freedom declared by this Article is not an absolute freedom from all legislation." (iv) State of Tamil Nadu v. M/s. Hind Stone [(1981) 2 SCC 205]. "The impugned rule contravened Articles 301 and 303 of the Constitution of India is equally without force. The restrictions freedom ....
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....ard to such minerals. 37. By relying upon the judgment of 2006 4 SCC 517 (State of Tamil Nadu v. P.Krishnamurthy), wherein the challenge to Rule 38A of the MMCR rules was rejected, the learned Advocate General contended that the State has the right of monopoly to quarry. The same is not in dispute that by virtue of Rule 38A, the quarrying activity is to be made only by PWD of the State. But, that is not the point of dispute in the present case. The grant of monopoly to the State to quarry does not mean that the State is empowered to restrict the import, which falls within the domain of Central Government. 38. It was further contended that the imported sand is a silica sand which is not fit of construction activities and that it can be used only for industrial purposes. It was also contended that it is not clear whether the export was carried out with the knowledge of the Malaysian Government or not and without subject to any test by the state, the imported sand cannot be permitted to be used for construction activities. The said contention, in the opinion of this Court, cannot be countenanced. As rightly contended by the learned counsels for the contesting respondents, the ce....
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....he above facts and circumstances, this Court finds that the existing Act and Rules are applicable only to sand and minerals quarried in India and the Learned Single Judge had rightly rejected the contentions of the appellants and held that the appellants cannot rely upon the existing provisions to insist the respondents / writ petitioners to obtain permits for storage and transportation of Imported Sands and the appeal on this question fails. 41. On the second question, it has been agitated by the appellants that the Learned Single Judge has travelled beyond the scope of the writ petitions and issued certain directions, which the court is not entitled to unless it is a public interest litigation. It was also contended that the directions issued are in the nature of legislative directions and the Courts do not have such powers to issue such directions. The Judgement of the Apex Court in 2017 5 SCC 163 (State of U.P. v. Subhash Chandra Jaiswal) in support of his contention that the High Court must not travel beyond the scope of the petition and should not issue directions which are in the sphere of policy. "23. Some of the directions, as we perceive, are in the sphere of ....
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....and remain alert to the issues that emerge. It has a duty also to see that the investigations are speedily completed in an appropriate manner. If there is a failure of law and order situation, the executive is to be blamed. In the maintenance of law and order situation the judicial officers are not to be involved. But the executive has to remain absolutely alive to its duties and we are sure, the State Government shall look into the aspects and endeavour to see that appropriate steps are taken to maintain the law and order situation." 42. Before, going into the applicability of the judgment, it is necessary to point out to the reasons and directions of the Learned Single Judge. "15. The State of Tamil Nadu had, at one point of time, agriculture as its main profession. Even today, the State contributes a lot to the country's agricultural contribution. However, the percentage is depleting every year as the State is dependent on water from neighbouring States. Even, when there is significant rain, the same is of no use as the State has not taken appropriate steps for several decades, despite the continuing dispute and demand for water from neighbouring States. The importan....
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....d the privileges of its citizens for discharging its obligation. While dealing with the said concept, it has been opined that the maxim saluspopuli (est) suprema lex ? regard for public welfare is the highest law. 227. I have referred to the said pronouncement solely to emphasise on the role of the State to act in the greater welfare of the collective and how the public welfare has been treated to be at the zenith of law. ***** ***** 229. Thereafter, the Court referred to the technology inagriculture that has given a big impetus to enterprises of chemical fertilisers and its serious problems. Thereafter, it has been stated thus: (Union Carbide Corpn. case [(1989) 3 SCC 38] , SCC p. 50, para 34) ?34. Indeed, there is also need to evolve a national policy to protect national interests from such ultrahazardous pursuits of economic gains. Jurists, technologists and other experts in economics, environmentology, futurology, sociology and public health, etc. should identify areas of common concern and help in evolving proper criteria which may receive judicial recognition and legal sanction.? 230. In Pritam Pal v. High Court of M.P. [1993 Supp (1) SCC 5....
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....etween the ecology and environment on one hand and the projects of public utility on the other. The trend of authorities is that a delicate balance has to be struck between the ecological impact and development. 240. The other principle that has been ingrained is that if a project is beneficial for the larger public, inconvenience to smaller number of people is to be accepted. It has to be respectfully accepted as a proposition of law that individual interest or, for that matter, smaller public interest must yield to the larger public interest. Inconvenience of some should be bypassed for a larger interest or cause of the society. But, a pregnant one, the present case really does not fall within the four corners of that principle. It is not a case of the land oustees. It is not a case of ?some inconvenience?. It is not comparable to the loss caused to property. 241. I have already emphasised upon the concept of living with the borrowed time of the future generation which essentially means not to ignore the inter-generational interests. Needless to emphasise, the dire need of the present society has to be treated with urgency, but, the said urgency cannot be confer....
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....t in the interest or welfare of the State and rather are in the nature of suiting individual commercial interests. More particularly, when alternate source is available, it could be used to preserve the ecology of the state. 44. The State of Tamil Nadu has a long history of illegal mining. So far umpteen number of cases have been filed before this Court for the release of vehicle involved in illegal mining and transportation. It is not in dispute that the state has been unsuccessful in curbing the illegal mining. It is also evident from the judgment of the Division Bench reported in 2012 (4) CTC 1 at Para 37 (V.Madhav v. Govt. of Tamil Nadu). 45. In Contempt Petition No 561/2001, My Respected Brother Justice K. Sampath had issued certain directions after observing as under:- "19. In a disturbing article "Sandstorm under water" in `The Hindu' dated 14-7-2002, very serious warning has been sounded that the turbulence created by dredging for sand at sea in Kerala could damage the fragile ecosystem along the coast. There also appeared a sub article about ravaged rivers. Though it is about Kerala rivers, it is as much relevant elsewhere and in particular in Tamil Nadu....
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....found to replace river sand in construction activities. Excessive deepening of the river bed due to sand removal also accentuates soil erosion. Reduction in sediment supply from the rivers due to indiscriminate extraction will deplete the quantum of beach sand which in turn contributes to increased erosion along the coast line. 22. There is large scale illicit, irregular and illegal sand mining in the river beds of Tamiraparani, Vaigai, Amaravathi, Palar, Araniyar, Kusasthalai, etc. The Hindu report says that rivers are being plundered by a powerful mafia controlling the sand mining business. The illegal trade is driven by the unholy nexus between contractors, politicians, trade union leaders, panchayat and revenue officials and corrupt policemen, making a mockery of the regulations imposed by the Government. Contractors who quote marginal amounts for auction rights go on to make a killing, extracting many times the permitted amount of sand as enforcement agencies turn a blind eye. 23. Local political leaders anchor the whole operation acting as the conduit for the huge bribes fuelling the well oiled network. Many of the kingpins evade the long arm of the law by a....
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.... river bank for the purpose of quarrying. (3) To ban the removal or extraction of sand from such rivers where the present sand bed level is below the required level as fixed by the State. (4) To form a river management committee or an action committee by the District Collector or the Tahsildar with the cooperation of voluntary agencies so as to ensure that sand is being collected in strict compliance with the restriction laid down by the authorities and the rules and the lease deeds. The wastes and impurities especially those from the septic tanks should not be permitted to open into the rivers. (5) The encroachments are to be prohibited and existing encroachments are to be evicted summarily from the river beds. (6) The Forest Department is to give special priority in conservation of forests at the origination point of the rivers." 30. It appears that it was only a cry in wilderness. Nothing appears to have been done. On the contrary things have gone from bad to worse. The Hindu reported about the battles between the District administration and the sand mafia. The report referred to the collapse of Karanodai Highway Bridge on Chennai-Cal....
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.... there has been violation of the terms of the grant, stringent action should be taken against the erring parties. Prosecution under Section 379 of the Indian Penal Code for theft and causing damage to public property should be launched. Severe penalties should be imposed. They should also be made to pay heavy compensation. There should be a special river protection force mobilised for patrolling and policing the river areas and apprehending the culprits indulging in illicit quarrying. Such a force should be composed of high calibre personnel and should not fall a prey to enticements. The officials responsible should be vested with the power to seize the vehicles involved in illicit quarrying and transport of sand. The Executive Engineer of the Assistant Executive Engineer can be vested with such powers. The Courts at the District level may be empowered to entertain complaints of sand mining, to direct investigation, appoint commissions to inspect and report and on being satisfied direct suspension of operations. The above are broad suggestions. There can be additions and elucidations to make the object more effective and result oriented. ....
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....as also pointed out to the committee by the local people that in addition to removal of sand from the river bed, people are also engaged in active quarrying of sand in patta land adjacent to the river banks and that this removal of sand adjacent to the river banks has caused fluctuation of water level in the neighbouring wells. Even though the rule prohibits removal of sand upto 50 meters from the boundary of the river, sand is removed in the safety zone area on either side of the banks at many places along the Kosasthalaiyar river course. Moreover some lessees obtain quarry lease for brick earth in patta land, and misuse the same for removing sand occurring below the brick earth. The committee also visited the Lakshmipuram Anaicut in Araniyar River. This anaicut was constructed in the year 1976 by Public Works Department and it collapsed in 1994 because of indiscriminate sand quarrying in the riverbed adjacent to the Anaicut by the illicit miners. Public Works Department authorities have now proposed to reconstruct the anaicut at a cost of Rs. 5.50 Crores. At present no lease has been granted in Araniyar River bed. The local Public Works Department officials deposed befor....
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....tion the authorities from the two districts do not bring the adjacent areas for auction simultaneously. Therefore a lessee having lease in one-district removes the sand in the adjacent area of the neighbouring district also. This sort of illicit removal can be avoided by the district authorities by bringing the adjacent areas for simultaneous leasing. It is also reported that the persons quoting for auction manipulate to stop the auction of the adjacent area so that they could have access to availability of sand in the adjacent district and to create a monopoly. The maximum tender amount realised by the Cuddalore district in one tender is Rs. 2.50 Crores. The concerned riverbeds are all dry and replenishment is mainly due to North East Monsoon. The amount quoted by the bidders is unreasonably high. It is very obvious that the person has quoted such high price keeping in view the adjacent free hold areas. It is also pointed out to the committee that sand from Cuddalore is taken to Chennai to meet the demand in construction activity. It is also reported that one individual takes three or four areas in "benami names" and operates only one quarry blocking the other areas from ....
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....see removed sand beyond 2 to 3m depths as large water-stagnated pits created due to sand mining were noticed in the riverbed. Several hutments are also seen in the riverbed. The lessee has also indulged in illicit quarrying in the adjacent Namakkal district in the same riverbed. ... The committee visited the sand quarries in the Cauvery bed in Namakkal district. In Manapalli village where a lease has been sanctioned in the riverbed, the area leased out only reveal exposure of rocks and pebbles. The lessee has taken this area only with a high hope to remove sand from the same riverbed in the adjacent Karur district where sand is available. The inspection of the Cauvery river basin in Trichy, Karur and Namakkal districts by the committee revealed large scale illicit removal of sand by the lessees. Well-laid roads are seen in the riverbed for removal of sand by the lessees. When the district authorities take action against the lessee for using poclain for sand removal they say that the poclain is used only for laying road and not for sand removal and the Honourable Court also permits them to use poclain for road formation. Roads inside the riverbeds should not be per....
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.... hamper the river flow since the patta land adjoins the Vaigai riverbed and thereby cause serious impairment to flow of water in the river. This in turn will cause serious damages to agriculture production downstream. Therefore, the committee feels that in patta land adjacent to the river no quarrying should be allowed within 250m distance of river boundary on either side. In Thoothukkudi District a sand quarry lease in Vaippar riverbed near Kilnattukkurichi village was visited. The district authorities have issued show cause notice to the lessee as he has indulged in quarrying outside the leasehold area. But the Hon'ble Court has stayed orders of the District collector and permitted the lessee to continue the operation. The lessee has indulged in rathole mining and has removed sand for more than two to three meter depths in the riverbed. It was felt by the committee that number of leases have to be granted where the sand is available. This may reduce to a greater extent illegal removal of sand and also environmental degradation of the riverbed. In Tamirabarani riverbed the Committee examined the lease area where quarrying in two places were allowed near Kansapuram village....
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.... several petitions alleging illegal mining has been raised before this court on various occasions. In the case of M.Periyasamy Vs The State and others in W.P No 11182/2010, the Division Bench of this Court, while considering a plea to ban mining in the Tamirabarani river bed, after analyzing the pitiable condition and the rampant illegal mining, banned the mining for five years by its order dated 02/12/2010 and directed for a constitution of a state level monitoring committee to inspect the river beds in the state and only upon the inspection and recommendation of the committee, future mining can be permitted. The usage of poclains or heavy machinery was also banned. 48. Similarly while dealing with the rampant and illegal sandmining across the cauvery river, the Division Bench of this Court in W.P No 4699/2012, by its order dated 03/08/2012 mandated that the sand quarrying can be permitted only after Environmental Impact assessment, even if the quarrying activities are done by the PWD and all the quarries in operation beyond five years were directed to be stopped and the quarries in operation for less than five years were permitted to continue for three months with certain rest....
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....cense. Mining of sand has been done in a most haphazard manner without any respect to the extent and depth parameters. Excess and illegal mining had taken place in all quarries and operations as mentioned above and beyond the boundary and beyond the depth level causing severe environmental disturbance and degradation. The national mineral wealth was looted out without any hindrance in the illegal quarry near the Chinthalaivaadi and the inspection team has also found that not even a single complaint from the officials side about the illegal mining at Chinthalaivaadi which will shock the conscience of any reasonable man and the methodology adopted for illegal mining ingenious. * The SEIAA clearance is obtained by the authorities as a matter of routine with no mechanism to check and counter check to ascertain the veracity of the details contained in the application to avail environmental clearance. It is astonishing that the violation continue unabated with the SEIAA has no independent powers for mechanisms for site inspection and to find violations. The SEIAA is dependent on the informations submitted by the Government and it is unreasonable to expect the Government to file ....
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....med as beyond the scope of the writ petition. Insofar as the Judgment of the Apex Court relied upon by the appellants, this Court is of the view that the judgment is not applicable to the present facts and circumstances for the following reasons: a. The directions issued are not in the nature of legislative directions but only in exercise of power under Article 226 of the Constitution of India because of the failure of the state to protect the river beds and curb illegal sand mining which has gone beyond resurrection. b. The directions are in the nature of the directing the authorities to comply with the statutory provisions and to safe guard the river beds. c. In the case decided by the Apex Court, the directions issued by the High Court were in the nature of legislative or policy decisions, which required amendment of the provisions. It cannot be said so in the present case as the MMDR Act, itself has issued guidelines for grant of quarry lease, when many directions issued by this Court in many instances have not been scrupulously followed and when it has been brought to the knowledge of the court about the rampant illegal mining activities and availabi....
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....1. The scope of the Article has been widely interpreted by the Supreme Court in the following cases to ensure that all plausible conditions are prevalent in the society for the man kind to survive, which run thus:- (i) Kharak Singh v. State of UP (AIR 1963 SC 1295) : "By the term "life" as here used something more is meant than mere animal existence". (ii) Shantistar Builders v. N.K.Toitame (1990) 1 SCC 520: "9. Basic needs of man have traditionally been accepted to be three-food, clothing and shelter. The right to life is guaranteed in any civilized society. That would take within its sweep the right to food, the right to clothing, the right to decent environment and a reasonable accommodation to live in." (iii) Chameli Singh v. State of U.P., (1996) 2 SCC 549 : "Right to live guaranteed in any civilised society implies the right to food, water, decent environment, education, medical care and shelter. These are basic human rights known to any civilised society. All civil, political, social and cultural rights enshrined in the Universal Declaration of Human Rights and Convention or under the Constitution of India cannot be exerc....
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....tream changes in patterns of deposition, and changes in channel bed and habitat type. Impact on Ground Water Water quality * Sand mining and dredging activities, * poorly planned stockpiling and uncontrolled dumping of overburden, * and chemical / fuel spills affects the adjoining groundwater system will cause * reduced water quality for downstream users, * increased cost for downstream water treatment plants * and poisoning of aquatic life. Ground Water * Apart from threatening bridges, sand mining transforms the riverbeds into large and deep pits; as a result, the groundwater table drops leaving the drinking water wells on the embankments on these rivers dry. * Bed degradation from in stream mining lowers the elevation of stream flow and the floodplain water table which in turn can eliminate flow depth and a bar skimming operation increases flow width. * Both conditions produce slower stream flow velocities and lower flow energies, causing sediments arriving from upstream to deposit at the mining site. * As stream flow moves beyond the site and flow energies increase in res....
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....predator use of recently dredged areas. Riparian habitat, flora and fauna * In stream mining can have other costly effects beyond the immediate mine sites. * Many hectares of fertile land are lost, as well as valuable timber resources and wildlife habitats in the riparian areas. * Degraded stream habitats result in lost of fisheries productivity, biodiversity and recreational potential. * Severely degraded channels may lower land and aesthetic values. * All species require specific habitat conditions to ensure longterm survival. * Factors that increase or decrease sediment supply often destabilize bed and banks and result in dramatic channel readjustments. * Mining-induced changes in sediment supply and channel form disrupt channel and habitat development processes. Biological environment * Introduction of abnormal volumes of organic material and nutrients, thus increasing the biological oxygen demand (BOD), which in turn reduces oxygen levels and productivity; * Reintroduction of toxic substances uncovered by mining activities; * Inadvertent destruction of the adjacent habit....
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....a Ward has written of this ecological imperative in particularly vivid language: We can forget moral imperatives. But today the morals of respect and care and modesty come to us in a form we cannot evade. We cannot cheat on DNA. We cannot get round photosynthesis. We cannot say I am not going to give a damn about phytoplankton. All these tiny mechanisms provide the preconditions of our planetary life. To say we do not care is to say in the most literal sense that "we choose death." There is a commonly-recognized link between laws and social values, but to ecologists a balance between laws and values is not alone sufficient to ensure a stable relationship between humans and their environment. Laws and values must also contend with the constraints imposed by the outside environment. Unfortunately, current legal doctrine rarely accounts for such constraints, and thus environmental stability is threatened. Historically, we have changed the environment to fit our conceptions of property. We have fenced, plowed and paved. The environment has proven malleable and to a large extent still is. But there is a limit to this malleability, and certain types of ecologic....
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....on and fishing, were sought to be preserved for the benefit of the public; accordingly, property used for the those purposes was distinguished from general public property which the sovereign could routinely grant to private owners. Second, while it was understood that in certain common properties - such as the seashore, highways, and running water - "perpetual use was dedicated to the public," It has never been clear whether the public had an enforceable right to prevent infringement of those interests. Although the state apparently did protect public uses, no evidence is available that public rights could be legally asserted against a recalcitrant government. 17.The Public Trust Doctrine primarily rests on the principle that certain resources like air sea, waters and the forests have such a great importance to the people as a whole that it would be wholly*** onjustilled to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their....
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....), the Supreme Judicial Court of Massachusetts took the first major step in developing the doctrine applicable to changes in the use of lands dedicated to the public interest. In 1888 a group of citizens interested in preserving Mount Greylock as a unspoiled natural forest, promoted the creation of an association for the purpose of laying out a public park on it. The State Ultimately acquired about 9000 acres, and the legislature enacted a statute crating the Greylock Reservation Commission. In the year 1953, the legislature enacted a statute creating an Authority to construct and operate on Mount Greylock an Aerial Tramway and certain other facilities and it authorised the commission to lease to the Authority any portion of the Mount Greylock Reservation. Before the project commenced, five citizens brought an action against both they Greylock Reservation Commission and the licency Authority. The plaintiffs brought the sult us beneficiaries of the pubic trust. The court has been the lease and the management agreement invalid on the ground that they were in excess or the statutory grant of the authority. The crucial passage in the judgment of the Court is as under: "The pro....
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.... considerable natural beauty ... often used for nature study and recreation" for highway use. 21.Professor Sax in the article (Michigan Law Review) refers to Prieweys. WisconSin State Land and Improvement Company 93 Wis 534 (1896), Crawford County Lever and Drainage district Nos. 1, 182, Wis 404, city of Milwaukee vs. State 193 Wis 423, State vs. Public Service Commission 275 Wis 112 and opines that the Supreme Court of Wisconsin has probably made a more conscientious effort to rise above rhetoric and la work out a reasonable meaning for the public trust doctrine than have the courts or any other State". 22.Professor Sax stated the scope of the public trust doctrine in the following words:- If any of the analysis in this Article makes sense, it is clear that the judicial techniques developed in public trust cases need not be limited either to these few conventional interests or to questions of disposition of public properties. Public trust problems are found whenever governmental regulation comes into question, and they occur in a wide range of situations in which diffuse public interests need protection against tightly organized groups with clear and imm....
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....der: "The objective of the public trust has evolved in tandem with the changing public perception of the values and uses of waterways. As we observed in Marks v. Whitney, supra, 6 Cal.3d 251, "[public trust easements [were] traditionally defined in terms of navigation, commerce and fisheries. They have been held to include the right to fish, hunt, bathe, swim, to use for boating and general recreation purposes the navigable waters of the state, and to use the bottom of the navigable waters for anchoring, standing, or other purposes. We went on, however, to hold that the traditional triad of uses-navigation, commerce and fishing-did not limit the public interest in the trust res. In language of special importance to the present setting, we stated that "[t]he public uses to which tidelands are subject are sufficiently flexible to encompass changing public needs. In administering the trust the state is not burdened with an outmoded classification favoring one mode of utilization over another. there is a growing public recognition that one of the most important public uses of the tidelands-a use encompassed within the tidelands trust-is the preservation of those lands in their....
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....c trust (see United Plainsmen v. N.D. State Water Cons. Comm'n, 247 N.W. 2d 457, 462-463 (N.D. 1976), and to preserve, so far as consistent with the public interest, the uses protected by the trust." 25.The Court finally came to the conclusion that the plaintiffs could rely on the public trust doctrine in seeking reconsideration of the allocation of the waters of the Mono basin. 26.It is no doubt correct that the public trust doctrine under the English Common Law extended only to certain traditional uses such as navigation, commerce and fishing. But the American Courts in recent cases have expanded the concept of the public trust doctrine. The observations of the Supreme Court of California in Mono Lake case clearly show the judicial concern in protecting all ecologically important land,s for example fresh water, wetlands or riparian forests. The observation of the Court in Mono Lake case to the effect that the protection of ecological values is among the purpose of public trust, may give rise to an argument that the ecology and the environment-protection is a relevant factor to determine which lands, waters or airs are protected by the public trust doctrine. ....
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....r private, commercial or any other use unless the courts find it necessary, in good faith, for the public goods and in public interest to encroach upon the said resources. 29.Coming to the facts of the present case, large area of the bank of river Beas which is part of protected forest has been given on a lease purely for commercial purposes to the Motels. We have no hesitation in holding that the Himachal Pradesh Government committed patent breach of public trust by leasing the ecologically fragile land to the Motel management. Both the lease - transactions are in patent breach of the trust held by the State Government. The second lease granted in the year 1994 was virtually of the land which is a part of river-bed. Even the board in its report has recommended deleasing of the said area. 30.This Court in Vellore Citizens Welfare Forum v. Union of India & Ors. JT 1996(7) S.C.375 explained the "Precautionary Principle" and "Polluters Pays principle" as under:- Some of the salient principles of "Sustainable Development", as culled out from Brundtland Report and other international documents, are inter-Generational Equity, Use and Conservation of Natural Resources, E....
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....ry principle and the polluter pays principle have been accepted as part of the law of the land." (ii) M.C.Mehta v. Union of India (UOI) and others (AIR 2004 SC 4016): "45.The natural sources of air, water and soil cannot be utilized if the utilization results in irreversible damage to environments. There has been accelerated degradation of environment primarily on account of lack of effective enforcement of environmental laws and non-compliance of the statutory norms. This Court has repeatedly said that the right to live is a fundamental right under Article 21 of the Constitution and it includes the right to of enjoyment of pollution-free water and air for full enjoyment of life. (See Subhash Kumar v. State of Bihar [AIR 1991 SC 420]. 46.Further, by 42nd Constitutional Amendment, Article 48-A was inserted in the Constitution in Part IV stipulating that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Article 51A, inter alia, provides that it shall be the duty of every citizen of India to protect and improve the natural environment including forest, lakes, rivers and wildlife and to h....
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....cluding the potential for increased burdens on the environment consequent upon possible increase in the quantum and degree of pollution, has to be made at the outset so that public and all those concerned including authorities may decide whether the permission can at all be granted for carrying on mining activity. The regulatory authorities have to act with utmost care in ensuring compliance of safeguards, norms and standards to be observed by such entrepreneurs. When questioned, the regulatory authorities have to show that the said authorities acted in the manner enjoined upon them. Where the regulatory authorities, either connive or act negligently by not taking prompt action to prevent, avoid or control the damage to environment, natural resources and peoples' life, health and property, the principles of accountability for restoration and compensation have to be applied. 50. The grant of mining lease is governed by the Mines and Minerals (Regulation and Development) Act, 1957 (for short, 'the MMRD Act) which was enacted to provide for the development and regulation of mines and minerals under the control of the Union. Section 13 is the rule making power of the C....
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....d by the Central Government or the State Government from time to time. A tentative scheme of mining and annual programme and plan for excavation from year to year for five years is also required to be incorporated in the mining plan. Rule 22(5) was inserted in the Rules by notification dated 27th September, 1994 to which certain amendments were made in terms of notification dated 17th January, 2000 also inserting by same notification Rule 22(4A). Sub-rule(4) to Rule 22 ad been earlier inserted by notification dated 27th September, 1994. 52.The grant of permission for mining and approving mining plan and the scheme by the Ministry of Mines, Government of India by itself does not mean that mining operation can commence. It cannot be accepted that by approving Mining Plan and Scheme by Ministry of Mines, Central Government is deemed to have approved mining and it can commence forthwith on such approval. Section 13 of the MMRD Act and the Rules made in exercise of powers under the said section, deal, inter alia, with the aspect of grant of mining of lease and not commencement of mining operations. Rules made under Section 18, however, deal with commencement of mining operation....
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.... be controlled and kept within 'permissible limits' specified under various environmental laws of the country including the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 by the holder of mining lease. Further, noise arising out of such operations shall be abated or controlled by the lessee at the source so as to keep it within the permissible limit. The mining operations shall be carried out in such a manner so as to cause least damage to the flora of the area and nearby areas. Every holder of mining lease shall take immediate measures for planting in the same area or any other area as selected by the authorized officer and not less than twice the number of trees destroyed by reason of any mining operation and look after them during the subsistence of the licence/lease and restore, to the extent possible, other flora destroyed by mining operations. 54.The aforesaid measures are not required to remain only on paper but strictly complied for the protection of environment and control of pollution as a result and consequence of mining operations." (iii) T.N.Godavarman Thirumulpad v. Union of India (UOI) and othe....
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.... any legislation, the executive acting under the doctrine of public trust cannot abdicate the natural resources and convert them into private ownership, or for commercial use. The aesthetic use and the pristine glory of the natural resources, the environment and the ecosystems of our country cannot be permitted to be eroded for private, commercial or any other use unless the courts find it necessary, in good faith, for the public good and in public interest to encroach upon the said resources." "74. The forest policy has a statutory flavour. The nonfulfillment of aforesaid principle aim would be violative of Articles 14 and 21 of the Constitution. The basic objectives of the Forest Policy, 1988 are: "2.1 The basic objectives that should govern the National Forest Policy are the following: -- Maintenance of environmental stability through preservation and, where necessary, restoration of the ecological balance that has been adversely disturbed by serious depletion of the forests of the country. -- Conserving the natural heritage of the country by preserving the remaining natural forests with the vast variety of flora and fauna, which represe....
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....mpact of these phenomena is likely to result in depletion of ozone layer, change of climate, rise in sealevel loss of natural resources, reduction in their productivity ultimately leading to an ecological crisis affecting livelihood options for development and over all deterioration in quality of life." "88.The national development agenda must recognize the necessity of protecting the long-term ecological security. The problem area is the growing population, high degree of mechanism and steep rise in energy use which has led to activities that directly or indirectly affect the sustainability of the environment." "89.It is recognized that the sustainable use of bio-diversity is fundamental to ecological sustainable. The loss of bio-diversity stems from destruction of the habitat, extension of agriculture, filling up of wet lands, conversion of rich bio-diversity sites for human settlement and industrial development, destruction of coastal areas and uncontrolled commercial exploitation. It is thus evident that the preservation of eco- systems, bio-diversity and environment whether examined on common law principle or statutory principle or constitutional principle ey....
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....e State of Goa. The right to life under Article 21 of the Constitution is a guarantee against the State and for enforcing this fundamental right of persons the State, which alone has a right to grant mining leases of the mines located inside the State, can be directed by the Court by an appropriate writ or direction not to grant mining leases or not to allow mining that will be violative under Article 21 of the Constitution. In Re: Construction of Park at NOIDA near Okhla Bird Sanctuary [(2011) 1 SCC 744] a three-Judge Bench (Forest Bench) of this Court has observed: "...... Environment is one of the facets of the right to life guaranteed under Article 21 of the Constitution. Environment is, therefore, a matter directly under the Constitution and if the Court perceives any project or activity as harmful or injurious to the environment it would feel obliged to step in. ...." Thus, the submissions of learned counsel for the lessees that until a notification is issued under the Environment (Protection) Act, 1986 and the Rules made thereunder prohibiting mining activities in an area outside the boundaries of a National Park/Wildlife Sanctuary, no mining can be prohibited by th....
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....rather than prescribing or proscribing a method, we believe, a judicial scrutiny of methods of disposal of natural resources should depend on the facts and circumstances of each case, in consonance with the principles which we have culled out above. Failing which, the Court, in exercise of power of judicial review, shall term the executive action as arbitrary, unfair, unreasonable and capricious due to its antimony with Article 14 of the Constitution." (v) State of NCT of Delhi v. Sanjay (2014 10 SCC 101): "55. There cannot be any two opinions that natural resources are the assets of the nation and its citizens. It is the obligation of all concerned, including the Central and the State Governments, to conserve and not waste such valuable resources. Article 48-A of the Constitution requires that the State shall endeavour to protect and improve the environment and safeguard the forests and wild life of the country. Similarly, Article 51-A enjoins a duty upon every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for all the living creatures. In view of the Constitutional provisions, the Doc....
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....ermitted or not, barring "No Go" areas (whose identification would again depend on undertaking of due diligence exercise). In such cases, the Margin of Appreciation Doctrine would apply. 20. Making these choices necessitates decisions, not only about how risks should be regulated, how much protection is enough, and whether ends served by environmental protection could be pursued more effectively by diverting resources to other uses. Since the nature and degree of environmental risk posed by different activities varies, the implementation of environmental rights and duties require proper decision making based on informed reasons about the ends which may ultimately be pursued, as much as about the means for attaining them. Setting the standards of environmental protection involves mediating conflicting visions of what is of value in human life. 30. Time has come for us to apply the constitutional "doctrine of proportionality" to the matters concerning environment as a part of the process of judicial review in contradistinction to merit review. It cannot be gainsaid that utilization of the environment and its natural resources has to be in a way that is consistent wi....
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....t despite all warnings, the mines continued their operations without Environment Management Plan. That, right from 18.3.2004, when this Court pronounced the judgment in M.C. Mehta case (supra), till date, number of Reports came to be submitted as the Court tried to balance mining activity on one hand with protection of environment on the other hand. In fact, in para 57 of the said judgment, this Court stated that so long as it is possible to undertake mining operations on the sustainable development principle, the Court should not impose complete ban on mining as it generates revenue for the State. However, vide para 89, a warning was given that if despite imposition of stringent conditions, the degradation of environment continuous and reaches a stage of no-return, then this Court may have to consider at a later date the closure of mining activity. This prediction has come true. The consequence is that the State now has decided to close the mining activity. Para 89 is also important from another angle. The judgment in M.C. Mehta case (supra) has left it to this Court to consider at a later date the closure of mining activity. Even in para 96(6), this Court observed that mining act....
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....er to operate mining inside the forest area, the lessee is required to possess clearances under Mines and Minerals (Development and Regulation) Act, 1957 ("1957 Act"); under Section 2(ii) of Forest (Conservation) Act, 1980; and to Environment Clearance under EIA Notification which applies to mining of major minerals and to the areas exceeding 5 hectares. In case of mining projects, a Site Clearance is also required which is issued either by the Central Government or the State Government depending upon the area of land let out on lease. Further, Section 2(ii)of Forest (Conservation) Act, 1980 prohibits grant or renewal of mining lease without prior approval of Central Government. 20. At this stage, we may also note that under Section 13(2) (qq) of 1957 Act, Rules have been framed for rehabilitation of flora and other vegetation destroyed by reason of any prospecting or mining operations. Under Section 18 of the 1957 Act, Rules have been framed for conservation and systematic development of minerals in India and for the protection of environment by preventing or controlling pollution caused by prospecting or mining operations which also form part of Mineral Concession Rules,....
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....ndia, which was enforced on 26.1.1950 did not contain any express provision for protection of environment and ecology, the people continued to treat it as their social duty to respect the nature, natural resources and protect environment and ecology. After 26 years, Article 48-A was inserted in Part IV of the Constitution and the State was burdened with the responsibility of making an endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. By the same amendment, Fundamental Duties of the citizens were enumerated in the form of Article 51-A (Part-IV A). These include the duty to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures [Article 51-A(g)]. 5. The Courts in different jurisdictions have, time and again, invoked the public trust doctrine for giving judicial protection to environment, ecology and natural resources. This Court also recognized the importance of the public trust doctrine and applied the same in several cases for protecting natural resources which have been treated as public properties and are held by the Government as trustee....