Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Arts. 48-A and 51-A(g) Allotment of local ponds To private industrialist Environment protection By Industrial Development Authority |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Environmental Law: Environment protection – Allotment of local ponds – To private industrialists – By Industrial Development Authority – Challenged before Green Tribunal – Challenge dismissed on the basis of affidavit by the Authority claiming to develop bigger alternative water-bodies – Appeal to Supreme Court – Plea of Authority that Government order dated 3.6.16 permitted destruction of exiting ponds and allotment thereof to third-parties in extra-ordinary circumstances and that the land was not a ‘Pokhar’ Pond – Held: Allotment having been made in 2012, order passed in 2016 would not operate retrospectively – Moreover, no extra-ordinary circumstances made out in favour of the allottee – Revenue records show that the land was a ‘Pokhar’ – Protection of such village commons is essential to safeguard the right u/Art. 21 of the Constitution – It is also constitutional obligation of the respondents to ensure protection and integrity of the environment as enshrined u/Arts. 48-A and 51- A(g) – The scheme which extinguish local water bodies albeit with alternatives are violative of constitutional principles and hence liable to be struck down – Constitution of India – Arts. 48-A and 51-A(g), |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2019 INSC 1280 |
Petitioner | Jitendra Singh |
Respondent | Ministry Of Environment & Ors. |
SCR | [2019] 14 S.C.R. 220 |
Judgement Date | 2019-11-25 |
Case Number | 5109 |
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