Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Green Tribunal Act 1986 – Environment Protection Rules 2010 – Environment Protection Act 1986 – Eco-sensitive Zone Notification and Zonal Master Plan 2030 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | National Green Tribunal Act, 2010 – Environment Protection Act, 1986 – Environment Protection Rules, 1986 – Eco-sensitive Zone Notification and Zonal Master Plan 2030 – NGT on basis of a report dated 08.12.2020 submitted by an Expert Committee, allowed an original application filed by the first respondent, which challenged the Zonal Master Plan 2030 prepared by the State of Rajasthan, for the Mount Abu Eco-sensitive Zone – Report of the Expert committee had, inter-alia, declared land owned by the appellant to be unfit for construction – Review filed by the appellant was dismissed by NGT – On appeal, held: the Expert Committee has furnished valid reasons for determining that construction must not be allowed so as to preserve the eco-system of the region – Expert Committee has noted that while the proposed site for residential buildings covers the land of low slopes which is stable, it also covers lands with a high slope domain which are not suitable for construction – Low slope domain site is a habitat for wildlife and footprints of sloth bear were also observed and it was in this context the Expert Committee determined that construction must not be allowed – At places with a high slope domain, the landscape was noted to be fragile in terms of soil erosion – Further, the Expert Committee opined that the proposed tourism facility centre may disturb the wild life eco-system – The ESZ notification required, inter alia, the State of Rajasthan to prepare the ZMP 2030, so as to ensure that future development activity in the region could be planned while accounting for potential environmental degradation, following the precautionary principle – The ESZ notification is backed by a statutory mandate of Union legislation – The Notification is an enforceable charter for the preservation of the fragile eco-system of Mount Abu – Every authority is duty bound to comply with its terms and any action in breach must peril invalidation – NGT had correctly directed the ZMP 2030 to be modified to bring it into conformity with the ESZ Notification and the precautionary principle – Specifically, it correctly upheld the Expert Committee Report’s recommendation that no construction should be allowed to take place on the appellant’s land. Environmental Law – Precautionary principle – Held: The precautionary principle envisages that the State cannot refuse to act to preserve the environment simply because all the scientific data may not be available – If there is some data to suggest that environmental degradation is possible, the State must step into action to prevent it from taking place. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 47 |
Petitioner | Pragnesh Shah |
Respondent | Dr. Arun Kumar Sharma & Ors. |
SCR | [2022] 8 S.C.R. 154 |
Judgement Date | 2022-01-12 |
Case Number | 7724-7725 |
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