Category: Writ Remedy

ISSUE:

Whether tanneries should be permitted to continue business at the expense of the environment and health of neighbouring individuals?

RULE:

The ‘Precautionary Principle’, widely used in determining the outcome, states that where there is a threat of severe or irreversible damage to the environment, there must be immediate action, and a lack of scientific
assurance should not and cannot be the reason to avoid taking action.

The ‘Polluter Pays’ principle has also been employed in the present case, which states that the individual or party responsible for causing pollution must bear the costs of all damage done to the environment and the human population affected. The two principles, which originated from the Convention for the Protection of the Marine Environment of the North-East Atlantic (the OSPAR Convention), were incorporated in Article 21 of the Constitution, which guarantees the right to protection of life and personal liberty.

ISSUE:

Whether mining operations in the Dehradun Valley are in violation of the Forest Conservation Act 1980?

Whether the quarries caused the degradation of perennial water springs?

Whether the mining operations could lead to landslides, loss of vegetation, and extensive ecological damage?

Whether the leases issued by the State Government were in accordance with the law?

RULE:

Doctrine of Sustainable development involves balancing the various aspects of social progress, economic growth, and the environment. This concept recognizes that these three elements are interconnected and that their integration into any strategy is crucial. The doctrine of sustainability seeks to meet the present necessities and take into account the needs of the future. The concept of sustainable development requires a long-term commitment to ensure the protection of the environment and social equity. All stakeholder groups, including governments and businesses, should work together to promote policies and practices that are sustainable.

ISSUE:

Whether the ‘Public Trust Doctrine’ is applicable in India?

Whether construction undertaken by Span Motels Pvt Ltd. is legally justified?

Whether Mr. Kamal Nath was wrongly accused?

RULE:

The Public Trust Doctrine first used in Indian jurisprudence in this case states that certain natural resources which have a great significance to the public because of which these resources being privately owned is wholly unjustified. These resources are held in trust by the State and not to be commercially exploited, and the State has a duty to protect the sanctity of nature. Article 21 and 32 of the Constitution extend to natural resources for the purpose of protecting the ecosystem.

The Precautionary Principle and Polluter Pays Principle, which originated in the OSPAR Convention, sets its crux in the prevention and protection of the environment and health of the people. The burden of proof, which lies on the developer must ensure that the absolute liability for harm extends to compensate the victims as well as restore environmental degradation.

ISSUE:

Whether the Urban Development Authority could be given primacy over the need protect environment?

Whether the need of principle of sustainable development can be ignored over and above the Urban Development?

Whether there is a conflict of public interest?

Whether the action of Arunachal Pradesh Government intaking the impugned decisions is permissible under the light of Article 21 of Indian Constitution?

RULE:

The Principle of Sustainable Development, enunciated in the Stockholm Convention is the notion that development and the environment should not be a ‘chalk-and-cheese’ matter, but must go hand in hand with each other, portraying a balance between urban development and environmental conservation and protection.

The three main remnants of the Public Trust Doctrine are that the property must be available for use by the general public, it must not be sold even for a fair equivalent of money and it should be maintained for particular uses. The Doctrine emphasises on the importance of the management of resources and the environment.

Keeping in mind the importance of preserving and protecting natural resources for future generations as well, the principle of Inter-generational equity sets a base for man to bear the responsibility of protecting and improving the environment and safeguarding it through appropriate management.

Articles 48-A and 51A of the Constitution holds the State and citizens respectively accountable for protecting and safeguarding the natural resources, which are pivotal to the governance in the country.