(IN): Every citizen can object to environmental damage: Court

[Guest guest]

http://in.news./43/20090621/812/tnl-every-citizen-can-object-to-environ\

m.html

<http://in.news./43/20090621/812/tnl-every-citizen-can-object-to-enviro\

nm.html>

Every citizen can object to environmental damage: Court

 

Sun, Jun 21 01:06 PM

 

New Delhi, June 21 (IANS) Be it public spirited people, environmental

activists or voluntary groups, everyone has the right to raise a voice

against environmental damage and be considered an aggrieved party, says

Delhi High Court.

 

Justice S. Ravindra Bhat said, 'The world as we know it is gravely

imperilled by mankind's collective folly. Unconcern to the environment has

reached damaging levels that threaten the

 

very existence of life on this planet.'

 

'In cases where complaints or appeals are filed bona fide by public

spirited, interested persons, environmental activists or other such

voluntary organisations working for the betterment of the community as a

whole, they are to be construed as aggrieved persons.'

 

In the ruling last week, the court made it clear that the law is accessible

and the same for all and set aside an order of the National Environmental

Appellate Authority (NEAA).

 

The NEAA had dismissed environmental activist Prafulla Samantra's plea

against the setting up of an alumina smelter plant in Bhurkamunda village in

Jharsuguda district of Orissa, stating he is not an aggrieved person in the

case.

 

Samantra, president of the Orissa unit of Lok Shakti Abhiyan - an

organisation dedicated to social and environmental causes - challenged the

order in the high court.

 

Setting aside the NEAA order, the court said: 'If standing before a special

tribunal created to assess the impact of projects and activities that impact

potential threats to the environment is construed narrowly, organizations

working for the betterment of the environment whether in the form of NGOs or

otherwise would be effectively kept out of the discourse that is so crucial

an input in such proceedings.

 

'Such an association of persons, as long as they work in the field of

environment, possess a right to oppose and challenge all actions, whether of

the state or private parties, that impair or potentially impair the

environment.'

 

The court asked the NEAA to consider the plea of the environmental activist

and slapped a fine of Rs.50,000 on Vedanta Alumina Limited, which is setting

up the alumina smelter plant in Orissa.

 

The court set aside the company's plea that the petitioner has no ground for

filing this petition.

 

Asking for Samantra to be considered an aggrieved party, the court said:

'This is established by the fact that his organisation was closely following

the issue of the setting up of an aluminium smelter plant during various

stages of the project to the extent that it had, on two occasions, objected

to the holding of the public hearing and sent a detailed letter elucidating

the objections and further when it learnt about alleged unauthorized

constructions at the project site, he wrote to the various authorities to

stop such activities.'

 

It added: 'If public duties are to be enforced and the social collective's

diffused rights and interests are to be protected, we have to utilise the

initiative and zeal of public-minded persons and organisations by allowing

them to move the court and act for a general or group interest, even though

they may not be directly injured in their own rights.'

 

(Kanu Sarda can be contacted at kanu.s)

 

 

--

http://www.stopelephantpolo.com

http://www.freewebs.com/azamsiddiqui