The Supreme Court on Thursday mentioned that State is obligation certain to revive the ecological imbalance and there have to be some stringent measures which can have deterrent impact in order that the violators might imagine twice earlier than inflicting injury to the character.
The high court docket mentioned that on the time when massive scale damages are being triggered to nature, it’s of the opinion that the violators can’t be permitted to go scot-free on fee of penalty solely.
It mentioned that sand and mines are public property and the State being its custodian needs to be extra delicate to guard the surroundings and ecological stability.
A bench of Justices Ashok Bhushan and M R Shah made the observations within the verdict associated to unlawful sand mining in Madhya Pradesh and interpretation of part 23A of Mines and Minerals (Development and Regulation) Act, 1957 underneath which offences underneath the regulation may be compounded by paying up the penalty.
The high court docket mentioned that for the reason that provisions of part 23A of MMDR Act shouldn’t be challenged, the availability stands and it depart the difficulty of fee of penalty for inflicting damages to the character “to the wisdom of the legislatures and the concerned states”.
The bench mentioned that it’s true that by allowing the violators to compound the offences underneath the MMDR Act, the State could get the income and the identical shall be on the precept of one who causes the injury shall should compensate the injury and shall should pay the penalty just like the precept of polluters to pay in case of injury to the surroundings.
It mentioned that in view of the massive scale damages being triggered to the character and as noticed and held by this Court within the 2014 case of GNCTD versus Sanjay, the coverage and object of MMDR Act and Rules are the results of an rising consciousness of the compelling want to revive the intense ecological imbalance and to cease the damages being triggered to the character.
“…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 mentioned.
It mentioned that “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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