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2009 Supreme(SC) 570

MARKANDEY KATJU, B.SUDERSHAN REDDY
M. K. Balakrishnan – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellants :Gopal Sankaranarayanan, Radhakrishna Kumar, Parmanand Pandey, Naresh Kumar, Advocates.
For the Respondents:Manish Singhvi, AAG, Manjit Singh, AAG, Shail Kumar Dwivedi, AAG, R. Shunmugh Sundram, Sr. Adv., R. Shunmugasundaram, Sr. Adv., S.R. Singh, Sr. Adv., T.S. Doabia, Sr. Adv., Anuvrat Sharma, Ms. Alka Sinha, Sunita Sharma, B.V. Balaram Das, Riku Sarma, M/s. Corporate Law Group, Avijit Bhattacharjee, Saumya Kundu, Ms. Kamini Jaiswal, Ms. Pinki Behera, Ms. Hemantika Wahi, Radha Shyam Jena, Naresh K. Sharma, Mrs. Aruna Mathur, Vimal Dubay, M/s. Arputham Aruna and Co., Khawairkpam Nobin Singh, Ms. Sangitaa Singh, Manish Kumar, Gopal Singh, B.S. Banthia, Milind Kumar, R.S. Suri, Ranjan Mukherjee, Sunita Hazarika, R. ayyam Perumal, Anil Shrivastav, K.N. Madhusoodhanan, M.K. Michael, R. Nedumaran, V.G. Pragasam, S.J. Aristotle, Prabu Rama Subramanian, P.V. Dinesh, Ms. Sindhu T.P., Tabrez Ahmed, Anis Suhrawardy, Anil Kumar Jha, Sanjay R. Hegde, A. Rohan Singh, Edward Belho, Rituraj Biswas, P. Athuimoi R. Naga, Ms. A. Subhashini, Manoj Saxena, Rajnish K. Singh, Rahul Shukla, Sanjay V. Kharde, Ms. Asha G. Nair, T. Harish Kumar, Harikesh Singh, Kamal Mohan Gupta, Advocates.

ORDER

1. Heard learned counsel for the parties.

2. Pursuant to this Court’s order dated 26th February, 2009, the Chief Secretaries, State of Haryana and Uttar Pradesh are personally present in the Court. Their personal presence is dispensed with unless directed in future.

3. The present Writ Petition under Article 32 of the Constitituion of India relates to conservation of wet lands which in our opinion would include ponds, tanks, canals, creeks, water channels, reservoirs, rivers, streams and lakes. Although, the writ petition as framed related to protection of wetlands in the country for preservation of the environment and maintaining the ecology, we have suo motu expanded its scope as mentioned below.

4. There is acute shortage of water in our country and one of the main reasons for that is that most of the water conservation bodies in our country such as ponds, tanks, small lakes etc. have been filled up in recent times by some greedy persons and such persons have constructed buildings, shops etc. on the same.

5. Our ancestors were wise people who realised that because of droughts or some other reasons there may be shortage of water in future and hence they made the provision o



















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