Supreme Court: It is State Duty to lay strict measures to stop damages to nature

Dec 4, 2020 #NATURE #SUPREME COURT
NATURE ELEPHANT LAW INSIDER

Shweta Tanbade

The Supreme Court on Thursday said that State is liable to revive the ecological imbalance and it must lay out strict measures having deterrent effect so that the violators may think twice before causing damage to the nature.

The top court said that at the time when extreme damages are done to nature, the violators cannot be permitted to go free on payment of penalty only.

It said that State being custodian of public property like sand and mines, it should be more sensitive to protect the environment and ecological balance.

In the verdict related to illegal sand mining in Madhya Pradesh and interpretation of section 23A of Mines and Minerals (Development and Regulation) Act, 1957, Justices Ashok Bhushan and M R Shah observed that offences under the law can be compounded by paying up the penalty.

The top court said that since the provision of section 23A of MMDR Act is not challenged, the provision stands and it leaves the issue of payment of penalty for causing damages to the nature “to the wisdom of the legislatures and the concerned states”.

The bench said that by allowing the violators to compound the offences under the MMDR Act, the State may get the revenue and the same shall be on the principle of person who causes the damage shall have to compensate the damage and shall have to pay the penalty like the principle of polluters to pay in case of damage to the environment.

It said that in view of the extreme damages being caused to the nature and as observed and held by this Court in the 2014 case of GNCTD vs Sanjay, the policy and object of MMDR Act and Rules are the result of an increasing awareness of the compelling need to restore the serious ecological imbalance and to stop the damages being caused to the nature.

“…when the violations like this are increasing and the serious damage is caused to the nature and the earth and it also affects the ground water levels etc. and it causes severe damage as observed by this Court in the case of Sanjay (2014), we are of the opinion that the violators cannot be permitted to go scot free on payment of penalty only”, the bench said.

Court added,“there must be some stringent provisions which may have deterrent effect so that the violators may think twice before committing such offences and before causing damage to the earth and the nature”.

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