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Eldo K. Mathew vs Deputy Forest Conservator And Wild Life ... on 31 October, 2018 cites

Goa Foundation vs Union Of India & Ors on 11 November, 2013

18. The importance of Buffer Zone that is put forth by the apex court in 'Goa Foundation case' (supra), is with the intention of protecting the bio-diversity, flora and fauna and the wildlife. Any serious disturbance emanating from an industrial activity can disturb the wildlife and there is every likelihood that animals may move out from the said area, encroaching into the other regions so as to affect the normal human life and activities also. The animals and the environment are W.P.(C) No.41812 of 2017 15 entitled to be protected, within their territorial region, which is an obligation cast upon the State under Article 51A(g) of the Constitution of India. So much so is the obligation under Article 48A encompassing a duty on the State to make endeavour to protect and improve the environment and safeguard forests and wild life of the country. Therefore, irrespective of any notification declaring any eco-sensitive zone, the State is destined to protect the environment and the wild life. Moreover, the citizens are entitled to enjoy the nature in its purest form and such enjoyment is integral part of the fundamental rights guaranteed under Article 21 of the Constitution of India. Therefore, reasonable restrictions imposed on the civil rights of an individual, to protect larger interest of the community guaranteed under Part III of the Constitution of India cannot be said totally irrelevant, arbitrary, illegal or unfair.
Supreme Court of India Cites 48 - Cited by 217 - Full Document

State Of Kerala vs J & J Minerals Private Limited on 23 September, 2014

It is also pointed out that the said question was considered by a Division Bench of this Court in 'J & J Minerals Private Limited and Others' (supra). However, therein the question considered was in respect of a mineral water plant situated within the Buffer Zone of Silent Valley Park vis-a-vis the environmental clearance, and held that, industry concerned with mineralized water is not required to obtain environmental clearance certificate, and therefore, notification declaring the area around Silent Valley Park as a Buffer Zone cannot be relied on to interdict operation of industry carrying on production of mineral water.
Kerala High Court Cites 10 - Cited by 1 - Full Document
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