ISSUE:
Whether clearance granted by the Union of India was given without proper study and consideration of environmental impact?
Whether the conditions imposed by the Ministry of Environment and Forests were complied with?
RULE:
Montesquieu’s Doctrine of Separation of Power states that a suitable form of society cannot exist without the separation of the three organs of the Government, namely, the executive, judiciary and legislature. The three organs must also be separated from one another with precision.
The ‘Precautionary Principle’, widely used in determining the outcome, states that where there is a threat to irreversible or serious damage to the environment, there must be immediate action, and a lack of scientific assurance should not and cannot be a reason to avoid taking action.