2006 Supreme(SC) 485

2006(5) Supreme 187
SUPREME COURT OF INDIA
(From Karnataka High Court)
Mrs. Ruma Pal and Dalveer Bhandari, JJ.
Karnataka Industrial Areas Development Board — Appellant
versus
Sri C. Kenchappa & Ors. — Respondents
Civil Appeal No. 7405 of 2000
Decided on 12-5-2006
Counsel for the Parties :
For the Appellant : K.K. Venugopal, Sr. Advocate, Ms. Kiran Suri and Amit J.S., Advocates.
For the Respondents : Manmohan, Sr. Advocate, A.K. Madhav Rao, Alok Yadav, Ms. Bina Gupta, Ms. Inklee Barooch, Ms. Simanti Chakrabarti, Mrs. Rakhi Ray, P.N. Ramalingam, Advocates.

VERY IMPORTANT POINTS
1. Before acquisition of lands for development, the consequence and adverse impact of development on environment must be properly comprehended and the lands be acquired for development that they do not gravely impair the ecology and environment.
2. Unless we adopt an approach of sustainable use, the problem of environmental degradation cannot be solved. Coordinated efforts of all concerned would be required to solve the problem of ecological crisis and pollution.
3. Survival of mankind depends on following the concept of sustainable development in letter and spirit.

Headnote:(i) Constitution of India — Articles 21, 48A, 51-A(g) — Karnataka Industrial Areas Development Board Act, 1966 — Sections 3(1), 28, 31 — Environment protection — Balance between industrial development and ecological preservation — Applicability of principle of ‘sustainable development’ — Acquisition of land for allotting it to Gee India Technology Centre Pvt. Ltd. — Agriculturists affected by the acquisition filed writ petitions to refrain appellant Board from converting the lands of respondents from converting the lands for any industrial or other purposes — Apprehension of respondents that the project would cause environmental degradation — Division Bench of the High Court directed appellant Board to leave a land of one km. as a buffer zone from the outer periphery of the village in order to maintain a ‘green area’ towards preservation of land — It is made mandatory for the allottee to obtain necessary clearance for the project from the State Pollution Control Board and the Department of Ecology and Environment before execution of the agreement.

       Held : The importance and awareness of environment and ecology is becoming so vital and important that we, in our judgment, want the appellant to insist on the conditions emanating from the principle of ‘Sustainable Development’.

       (1)We direct that, in future, before acquisition of lands for development, the consequence and adverse impact of development on environment must be properly comprehended and the lands be acquired for development that they do not gravely impair the ecology and environment.

       (2)We also direct the appellant to incorporate the condition of allotment to obtain clearance from the Karnataka State Pollution Control Board before the land is allotted for development. The said directory condition of allotment of lands be converted into a mandatory condition for all the projects to be sanctioned in future.

       This has been an interesting judicial pilgrimage for the last four decades. In our opinion, this is a significant contribution of the judiciary in making serious endeavour to preserve and protect ecology and environment, in consonance with the provisions of the Constitution. Sustainable use of natural resources should essentially be based on maintaining a balance between development and ecosystem. Coordinated efforts of all concerned would be required to solve the problem of ecological crisis and pollution. Unless we adopt an approach of sustainable use, the problem of environmental degradation cannot be solved.(Paras 98 to 100)

       (ii) Constitution of India — Articles 21, 48A, 51-A(g) — Concept of Sustainable Development Definition — Coordinated efforts of all concerned would be required to solve the problem of ecological crisis and pollution — Environment degradation and its consequences — Unless we adopt an approach of sustainable use, the problem of environmental degradation cannot be solved.

       Held : Experience of the recent past has brought to us the realization of the deadly effects of development on ecosystem. The entire world is facing a serious problem of environmental degradation due to indiscriminate development. Industrialization, burning of fossil fuels and massive deforestation are leading to degradation of environment. Today the atmospheric level of carbon dioxide, the principal source of global warming, is 26 higher than pre-industrial concentration.(Para 40)

       The Global warming has led to unprecedented rise in the sea level. Apart from melting of the polar ice it has led to inundation of low-lying coastal regions. Global warming is expected to profoundly affect species and ecosystem. Melting of polar ice and glaciers, thermal expansion of seas would cause worldwide flooding and unprecedented rise in the sea level if gas emissions continue at the present rate. Enormous amount of gases and chemicals emitted by the industrial plants and automobiles have led to depletion of ozone layers which serve as a shield to protect life on the earth from the ultra violet rays of the sun.(Para 41)

       The dumping of hazardous and toxic wastes, both solid and liquid, released by the industrial plants is also the result of environment degradation in our country. The problem of “acid rain” which is caused mainly by the emissions of sulphur dioxide and nitrogen oxides from power stations and industrial installations is a graphic example of it. The ill-effects of acid rain can be found on vegetation, soil, marine resources, monuments as well as on humans. Air pollutants and acids generated by the industrial activities are now entering forests at an unprecedented scale.(Paras 42 & 43)

       The priority of developing nations is urgent industrialization and development. We have reached at a point where it is necessary to strike a golden balance between the development and ecology. (Para 59)

       The development should be such as it can be sustained by ecology. All this has given rise to the concept of sustainable development.(Para 60)

       The need of the hour is inculcating the sense of urgency in implementing the rules relating to environmental protection which are not strictly followed. Its result would be disastrous for the health and welfare of the people. (Para 71)

       The concept of sustainable development whose importance was the resolution of environmental problems is profound and undisputed.(Para 72)

       (iii) Constitution of India — Articles 21, 48A, 51A(g) — Environment Protection — Precautionary principle — Principle of ‘Polluter Pays’ — Public Trust Doctrine — Adherence to these principles is imperative for preserving Ecology.

       Held : The Precautionary Principle and the Polluter Pays Principle have been accepted as part of the law of the land. The Court in the said judgment, on the basis of the provisions of Articles 47, 48-A and 51A(g) of the Constitution, observed that we have no hesitation in holding that the Precautionary Principle and the Pollution Pays Principle are part of the environmental laws of the country.(Para 80)

       The concept of public trusteeship may be accepted as a basic principle for the protection of natural resources of the land and sea. The Public Trust Doctrine (which found its way in the ancient Roman Empire) primarily rests on the principle that certain resources like air, sea, water and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being a gift of nature should be made freely available to everyone irrespective of their status in life. The doctrine enjoins upon the Government and its instrumentalities to protect the resources for the enjoyment of the general public.(Para 81)

       The Public Trust Doctrine primarily rests on the principle that certain resources like air, sea, waters and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.(Para 85)

       We see significant development when we carefully evaluate the entire journey of judicial pilgrimage from the decade of 1960 till this date. In the decade of 1960s, hardly anyone expressed concern about ecology and environment. The statement of Sir Edmund Hillary quoted in the earlier part of the judgment indicates that Mount Everest was littered with junk from the bottom to the top, and nobody hardly spoke about it or was any serious concern shown about environmental degradation. In the decade of 1970s, a serious concern about the degradation of ecology and environment was articulated. The Stockholm Conference of 1972 was a major watershed in the history of the world. It was realised that for a civilised world both development and ecology are essential.(Para 96)