No unlimited powers for Govt to allow mining in banned areas

  • 29/01/2012

  • Economic Times (New Delhi)

The Centre does not have unlimited powers to allow construction and mining in prohibited and regulated areas, the Supreme Court has ruled. The public interest must be the core factor for consideration of grant of permission for the construction activities within such areas, the court has said. “Public interest must be the core factor to be considered by the central government or the director-general (ASI) before allowing any construction and in no case the construction should be allowed if the same adversely affects the ancient and historical monuments or archaeological sites,” said a bench comprising Justice GS Singhvi and Justice AK Ganguly in its judgement on Friday. The court said the Centre or the director-general cannot pass an order by employing the stock of words and phrases used in that section and permit any construction by a private person dehors public interest.