K.N.SINGH, E.S.VENKATARAMIAH
M. C. Mehta – Appellant
Versus
Union Of India – Respondent
The court views the fundamental duty to protect the environment as a constitutional obligation of both citizens and the state, emphasizing proactive measures and collective responsibility (!) . It underscores that environmental protection is essential for sustainable development and must be prioritized by all to preserve natural resources for future generations (!) .
Judgment
VENKATARAMIAH, J.:- By our judgment dated September 22. 1987 in M.C. Mehta v. Union of India. (1987) 4 SCC 463 : (AIR 1988 SC 1037) we issued certain directions with regard to the industries in which the business of tanning was being carried on at Jajmau near Kanpur on the banks of the river Ganga. On that occasion we directed that the case in respect of the municipal bodies and the industries which were responsible for the pollution of the water in the river Ganga would be taken up for consideration on the next date of hearing. Accordingly, we took up for consideration first the case against the municipal bodies. Since it was found that Kanpur was one of the biggest cities on the banks of the river Ganga, we took up for consideration the case in respect of the Kanpur Nagar Mahapalika.
2. The Kanpur Nagar Mahapalika is established under the provisions of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (hereinafter referred to as the Adhiniyam). Sub-Section (3) of Section 1 of the Adhiniyam. which is to be found in its 1st Chapter, provides that the 1st Chapter of the Adhiniyam shall come into operation at once and the remaining provisions in relation to a city shall come
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