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Pro Public and another v Godavari Marble Industries Ltd and others

April 16, 2015 at 12:00 am

Nepal Supreme Court 

Date: 16 April 2015

Judge: Honourable Justices Sushila Karki, Govind Kumar Upadhayaya and Jagdish Sharma Poudel

Legislation considered: Article 16(1) of the Interim Constitution of Nepal

Summary

This matter concerned the closing down of a marble quarry in the Godavari Valley near Kathmandu. The applicants challenged the decision of the Nepalese government to grant an extension to a mining right held by Godavari Marble Industries Ltd in respect of the Godavari Valley, an extremely important and sensitive ecosystem, The court found that the decision to extend the mining right was unlawful on account of the damage the mining operation would cause to the environment would offend the right to a clean environment as enshrined in Article 16(1) of the Interim Constitution of Nepal. The court set aside the decision to extend the mining right and order the Minister of Environment to declare the Godavari Valley a protected area.

Download the judgment (translated into English by ELaw)

Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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