NDLI: Tata Housing Development Company Ltd Vs. Aalok Jagga and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Environment (Protection) Act Environment (Protection) Rules Housing project 1986 1996 Environment clearance
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Environment (protection) Act, 1986 (29 of 1986)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Environment Laws: Environment (Protection) Act, 1986 – Environment (Protection) Rules, 1996 – Housing project – Environment clearance – Housing project coming up within the catchment area of Sukhna Lake and at a short distance of 123 meters from Sukhna Wildlife Sanctuary – Challenge to – Held: Considering the distance of 123 meters from the Northern side and 183 meters from the Eastern side of the project from wildlife sanctuary, such project cannot be allowed to come up in the area – Origination of the project indicates that State of Punjab failed to act in furtherance of Doctrine of Public Trust as 95 MLAs were to be the recipients of the flats – Government permitted setting up of high–rise buildings up to 92 meters in the area which was not at all permissible – Moreso, in view of the Notification issued with respect to the Sukhna wildlife sanctuary towards the side of Chandigarh Union Territory that no new commercial construction of any kind shall be permitted within 0.5 km from the boundary of protected area or up to the boundary of the eco–sensitive zone and also the fact that proposal made by the Punjab Government, confining the Buffer Zone to 100 meters, was rightly not accepted by MoEF, the Government of Punjab as well as MoEF, cannot be the final arbiter in the matter – Court has to perform its duty in such a scenario when the authorities have failed to protect the wildlife sanctuary eco–sensitive zone – Thus, the entire exercise of obtaining clearance relating to the project quashed – Doctrine of Public Trust. Environment: Environmental degradation and wildlife degeneration – Need for protection and preservation of environment, safeguarding forest and wildlife – Development and urbanization adversely affects our natural surroundings – Constitution of India – Arts. 48(A), 51(A).
Judge	Hon'ble Mr. Justice Arun Mishra
Neutral Citation	2019 INSC 1203
Petitioner	Tata Housing Development Company Ltd
Respondent	Aalok Jagga And Others
SCR	[2019] 13 S.C.R. 577
Judgement Date	2019-11-05
Case Number	8398

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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