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Kudremukh Mining And Environmental Law: A Study Of Ecological Impact And Judicial Intervention




Aashi Bindal, BALLB, Vivekanand Education Society’s College of Law, Chembur, Mumbai


“If you think the economy is more important than the environment, try holding your breath while counting your money”

- Professor Guy McPherson


ABSTRACT


The Kudremukh mining project represents one of the most significant environmental conflicts in India between economic development and ecological conservation. Located in the ecologically sensitive Western Ghats of Karnataka, the Kudremukh region is rich in magnetite iron ore deposits and is also home to diverse flora and fauna, dense forests, and the origin of important rivers such as the Netravati, Tunga, and Bhadra. Large-scale open- cast mining operations began in the region during the late twentieth century with the establishment of the Kudremukh Iron Ore Company Limited (KIOCL), a public sector undertaking of the Government of India. While the project contributed to economic growth, foreign exchange earnings, and employment opportunities, it also resulted in serious environmental degradation, including deforestation, soil erosion, river pollution, siltation of reservoirs, and loss of biodiversity.


This research paper examines the environmental consequences of mining activities in the Kudremukh region and analyzes the legal framework governing the protection of forests and wildlife in India. It particularly focuses on the landmark judgment of the Supreme Court of India in K.M. Chinnappa and T.N. Godavarman Thirumulpad v. Union of India and Others (2002), which addressed the legality of mining operations within the Kudremukh National Park. The paper explores the constitutional provisions, statutory laws, and environmental principles applied by the Court, including the right to a healthy environment under Article 21, the precautionary principle, sustainable development, and the public trust doctrine.


Through an analysis of the facts, legal issues, and judicial reasoning in the case, the study highlights how the judiciary played a crucial role in balancing economic interests with environmental protection. The Supreme Court ultimately directed the phased closure of mining operations and emphasized ecological restoration of the affected area. The Kudremukh case thus stands as an important example of judicial intervention in environmental governance and demonstrates the growing importance of environmental law in protecting fragile ecosystems in India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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