Case Note & Summary
The Supreme Court addressed the environmental implications of a proposed railway line doubling project from Castlerock in Karnataka to Kulem in Goa, which traversed ecologically sensitive areas. The Goa Foundation raised concerns regarding the project's compliance with prior court orders and its potential to harm wildlife habitats. The Central Empowered Committee (CEC) submitted a report recommending the revocation of the approval granted by the National Board for Wildlife (NBWL), citing violations of guidelines under the Wildlife Protection Act, 1972. The CEC highlighted the ecological significance of the Western Ghats and the detrimental effects of the project on wildlife corridors. The court noted that the project would not enhance operational efficiency and would instead exacerbate environmental degradation. Arguments from the project proponent, Rail Vikas Nigam Limited (RVNL), emphasized economic benefits and previous clearances, but the court found these insufficient against the backdrop of environmental protection principles. Ultimately, the court upheld the CEC's recommendation, revoking the NBWL's approval and mandating a comprehensive environmental impact assessment before any further proposals could be considered.
Headnote
A) Environmental Law - Wildlife Clearance - Revocation of Approval - Wildlife Protection Act, 1972, Section 38(0) - The court upheld the recommendation of the Central Empowered Committee to revoke the approval for the railway line project due to significant environmental concerns and lack of adequate assessment of its impact on wildlife and biodiversity. Held that the project posed a serious threat to the ecological balance of the Western Ghats (Paras 23-24).
Issue of Consideration
Whether the approval granted by the Standing Committee of the National Board for Wildlife for doubling the railway line from Castlerock to Kulem should be revoked due to environmental concerns.
Final Decision
The Supreme Court revoked the approval granted by the NBWL for the doubling of the railway line between Castlerock and Kulem, citing significant environmental concerns and the need for a comprehensive impact assessment before any further proposals could be considered.
Law Points
- Wildlife Protection
- Environmental Law
- Sustainable Development
- Precautionary Principle
- Interlocutory Applications
