ISSUE:
Whether the Ministry of Environment and Forests (MoEF) order to reject forest clearance for bauxite mining in Niyamgiri Hills because of its impact on indigenous tribes is lawful?
RULE:
Public Trust Doctrine - This principle established that while the state owns mineral resources, it must exercise this ownership in the public interest and respect tribal rights.
Prior and Informed Consent - Meaningful consultation with local communities made through the Gram Sabha before making decisions affecting their rights and lands.
Principle of Natural Justice- It was implemented by empowering the Gram Sabha to conduct fair hearings and make decisions regarding both community claims and religious rights of the local tribes affected by the mining project.
Indigenous Rights Protection - It ensured special protection for the vulnerable Dongaria Kondh and Kutia Kandha tribes, recognizing their unique cultural and religious rights.
Sustainable Development - This balanced approach required weighing the economic benefits of mining against the need to preserve tribal rights and environmental protection.