Student at National Law University, Nagpur, India
“In the stages of evolution, the Humans have indeed progressed from the Stage of Environmental Determinism to the Phase of Humanistic Possibilism, which characterises the control and superiority of Human and Man-Made Forces over and above the Unwritten Environmental Code. This has indeed been a result of the rising technological and mechanical know-how of the humans so as to achieve their quest of economical and mercantile prosperity. Thus, Post Indian Independence, with rising population, demand of food and better standards of living, along with economic development, the concerns concerning environmental protection and conservation were unfortunately, kept at the back of the minds of the policy makers including the general public and industrialists. However, Post the Stockholm Conference, attended by Mrs. Indira Gandhi, addition of Article 48A and Article 51(A)(g) , the Legislature has duly commenced to enact laws and regulations for the said purpose of maintaining environmental integrity. Thus, the present research is in regards to the same purpose wherein, the forces of Environmental Protection through the Forest (Conservation) Act, 1980 and the Forces of Private Capitalists in their economic and mercantile endeavour, clashes and duly were harmonised by the Indian Judicial System” Thus, the Research herein centres around the Case Reviewal of Ambika Quarry Works vs. State of Gujarat. The Research discusses the Forest (Conservation) Act, 1980 and its constituents, identifies the Approval Methodology along with the Procedure followed along with the prospective application of the Act has also been deliberated thereto. At last, the research identifies relevant doctrines of environmental law including Public Trust and Precautionary Approach along with a Conclusion signifying Sustainable Economic Progression.
International Journal of Legal Science and Innovation, Volume 3, Issue 6, Page 462 - 476DOI: https://doij.org/10.10000/IJLSI.111211
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