The claimants on the case were representatives of local communities, herders living in Tuya bag, and the NGO “Owners of Huvsgul Lake”. The claim was submitted by CHRD’s lawyers, alleging that the mining licenses issued by the Geological and Cadastral Department were illegal, according to the article of 9.1. 7 of the Mongolian Administrative Act, and should be invalidated.
The Ulaanbaatar Capital City Administrative Court issued decision n. 36 early in 2013, refusing to accept the claim and to suspend the licenses. The Appellate Administrative Court affirmed decision n.36. The case was taken to the Administrative Review Chamber of the Supreme Court, which held trial on June 24, 2013, issuing Resolution n. 117. The latter Court established that the Cadastral Department of the Mineral Authority should consider illegal the issuance of two extraction licenses and six exploration licenses to “Talst margad” Ltd.
The Supreme Court decision was based on the constitutional right to live in a healthy and safe environment and to be protected from ecological unbalances.
