In Case Of Doubt, Protection Of Environment Would've Precedence Over Economic Interest: SC Revokes Approval For Doubling Castlerock to Kulem Railway Line

The Supreme Court revoked the approval granted by the Standing Committee of National Board for Wildlife for doubling of existing railway line from Castlerock to Kulem.The bench comprising Justices L Nageswara Rao, B R Gavai and Aniruddha Bose observed that the assessment of the impact which the project would have on the environment.would have to be strictly. Assessment of the impact which the project would have on the environment have to be strictly undertaken Referring to the material on record, the court said if finds merit in the recommendations made by the CEC regarding the necessity of taking into account the actual loss of the wildlife habitat by the construction activity for the doubling of the railway line for which heavy machinery would have to be moved and crusher units will have to be established for dumping construction material. Headnotes Environmental Law - Adherence to the principle of sustainable development is a constitutional requirement- Precautionary Principle essential feature of the principle of 'Sustainable Development' - In case of a doubt, protection of environment would have precedence over the economic interest - Precautionary principle requires anticipatory action to be taken to prevent harm and that harm can be prevented even on a reasonable suspicion. Summary: Supreme Court revoked the approval granted by the Standing Committee of National Board for Wildlife for doubling of existing railway line from Castlerock to Kulem - Assessment of the impact which the project would have on the environment, especially in the protected area and wildlife sanctuary taking into account all the major factors such as the impact on the habitat, species, climate, temperature etc.