Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Interest litigation judicial Review laches |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India-Articles 32 and 226-Public Interest litigation-Scope of-No directions can be issued which are against legal provisions. Constitution of India-Articles 32 and 226-Judicial Review-Scope of-Courts cannot transgress into the field of policy decision-Government deciding to construct a dam-No violation of law or mala-fide-Held, Courts cannot sit in appeal over the policy decision of the Government. Constitution of India-Articles 32 and 226-Laches-Project for construction of dam approved 25 years ago-Huge investments made-Petitioner agitating against construction since 1986-Writ Petition filed in 1994-Held, Petitioner cannot challenge the construction after such lapse of time. Constitution of India-Article 32-Public Interest litigation-Petitioner challenging the construction of a dam on the ground that adequate steps were not taken for relief and rehabilitation of the oustees and that the adverse environmental effects were not taken into account-Award of Tribunal constituted under Inter States Water Disputes Act, 1956-Award laying down the measures to, be taken for relief and rehabilitation of the oustees-Several authorities set up for monitoring the implementation of the Award as per the direction of the Tribunal-Authorities to see that measures to protect environment are also taken-Held, relief and rehabilitation and environmental concerns had been taken care of-Courts can only see if the Authorities are discharging their duties or not. Environment (Protection) Act, 1986-Section 3-Decision to construct a dam-Environmental clearance given on the basis of available studies and surveys which were not complete-Conditions imposed to complete environmental safeguards pari passu with the project work-Held, the environmental clearance cannot be said to be invalid-Constitution of lndia- Article 32.Environment (Protection) Act, 1986-Section 3-Polluting industries and projects-Precautionary Principle and Polluter-pays principle-Applicability of-Held, would be applicable if the extent of damage likely to be caused is not known-Burden of proof-Held, would be on the person who wants to change the status quo if the extent of damage likely to be caused is not known-Indian Evidence Act, 1872-Section 102.Inter State Water Disputes Act, 1956-Section 5(2) and 5(4)-Award of the Tribunal-Final and binding on parties-Third party cannot challenge the Award. |
Judge | Honble Mr. Justice B.N. Kirpal Honble Mr. Justice S.P. Bharucha |
Neutral Citation | 2000 INSC 489 |
Petitioner | Narmada Bachao Andolan Etc. Etc. |
Respondent | Union Of India And Ors. |
SCR | [2000] Supp. (4) S.C.R. 94 |
Judgement Date | 2000-10-18 |
Case Number | 319 |
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