The Jharkhand High Court upheld the validity of the Management Plan for Sustainable Mining (MPSM), 2018, which restricts mining operations in the ecologically sensitive Saranda and Chaibasa regions of West Singhbhum district.
A Division Bench comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai dismissed a petition challenging the SEIAA’s decision to deny environmental clearance for a stone mining lease in Gundijora village, observing that the MPSM has been formulated to protect biodiversity and cannot be confined only to iron ore and manganese mining.
The Court held that the protection of forests and ecological balance must prevail over commercial mining interests, emphasizing that the MPSM prepared pursuant to the Justice M.B. Shah Commission report carries the force of a policy decision binding on authorities. Referring to multiple Supreme Court precedents on environmental protection and sustainable development, the Bench reaffirmed that environmental safeguards under the Environment (Protection) Act, 1986, and the MMDR Act, 1957, must be applied holistically.
Accordingly, the Court found no infirmity in SEIAA’s decision to reject the petitioner’s environmental clearance application.
Appearances:
For the Petitioner : Mr. Sumeet Gadodia, Advocate; Mr. Ranjeet Kushwaha, Advocate; Ms. Tanya Kumari, Advocate; Mr. Anish Lal, Advocate;
For the UOI: Mr. Sunil Kumar, Advocate;
For the State: Mr. Shray Mishra, A.C. to A.G.
For the SEIAA: Mr. Bhanu Kumar, Advocate
