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28. This Court requires to consider as to whether the decision so taken by the Ministry of Environment and Forest by way of MPSM can only be given effect to in a case 2025:JHHC:26701-DB of mining of iron and manganese or it is to be implemented in order to protect the issue of environment by causing no threat to the area of the Saranda Forest?

29. This Court, in order to answer the aforesaid issue, needs to refer herein the provisions of Environment (Protection) Act, 1986 with its object which has been enacted for the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property.

35. It requires to refer herein that the National Forest Policy, 1988 which lays down far-reaching principles must necessarily govern the grant of permissions under Section 2 of the Forest (Conservation) Act, 1980 as the same provides the road map to ecological protection and improvement under the Environment (Protection) Act, 1986. The principles/guidelines mentioned in the National Forest Policy, 1988 should be read as part of the provisions of the Environment (Protection) Act, 1986 read together with the Forest (Conservation) Act, 1980, reference in this regard be made to the judgment rendered by the Hon'ble Apex Cort Lafarge Umiam Mining (P) Ltd. v. Union of India, (2011) 7 SCC 338.

36. It needs to refer herein that prior environmental clearance in terms of 2006 notification issued under Section 3 of the Environment (Protection) Act, 1986 Act read with Rule 5 of the Environment (Protection) Rules, 1986, is required to be taken before commencement of the "actual construction or building work" of the national highway by the executing agency (NHAI),reference in this regard be made to the judgment rendered by the Hon'ble Apex Court in Project Implementation Unit v. P.V. Krishnamoorthy, (2021) 3 SCC 572.

2025:JHHC:26701-DB 48-A. Protection and improvement of environment and safeguarding of forests and wildlife.--The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. 51-A. (g) To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.' Apart from the constitutional mandate to protect and improve the environment there are plenty of post-independence legislations on the subject but more relevant enactments for our purpose are: the Water (Prevention and Control of Pollution) Act, 1974 (the Water Act), the Air (Prevention and Control of Pollution) Act, 1981 (the Air Act) and the Environment Protection Act, 1986 (the Environment Act). The Water Act provides for the Constitution of the Central Pollution Control Board by the Central Government and the Constitution of the State Pollution Control Boards by various State Governments in the country. The Boards function under the control of the Governments concerned. The Water Act prohibits the use of streams and wells for disposal of polluting matters. It also provides for restrictions on outlets and discharge of effluents without obtaining consent from the Board. Prosecution and penalties have been provided which include sentence of imprisonment. The Air Act provides that the Central Pollution Control Board and the State Pollution Control Boards constituted under the Water Act shall also perform the powers and functions under the Air Act. The main function of the Boards, under the Air Act, is to improve the quality of the air and to prevent, control and abate air pollution in the country. We shall deal with the Environment Act in the latter part of this judgment.