Back
SUPREME COURT OF INDIA
Arun Mishra, M.R. Shah, B.R. Gavai, JJ.
TATA HOUSING DEVELOPMENT COMPANY LTD. – APPELLANT(S)
VERSUS
AALOK JAGGA AND OTHERS – RESPONDENT(S)
CIVIL APPEAL NOS. 8398-8399 OF 2019 (ARISING OUT OF SLP(C) NOS.21375-21376 OF 2017)
Decided on : 05-11-2019
Environmental (Protection) Act, 1986 – Section 3(1) and 3(2)(v) – Environment (Protection) Rules, 1996 – Rule 5(3)(d) – Constitution of India – Articles 48(A) and 51(A)(g) – Housing Project in vicinity of Sukhna Wildlife Sanctuary – Area in question falls in catchment area of Sukhna Lake and heritage zone of Capitol Complex, project would have a direct impact on existence of Sukhna Lake and environs of Chandigarh City – High Court has passed orders for protection of Sukhna Lake and its catchment area that no housing, commercial, or industrial project can be allowed on North of Capitol Complex of Chandigarh – As per Notification dated 18.01.2017no new commercial construction of any kind shall be permitted within 0.5 km. from boundary of protected area or up to boundary of ecosensitive zone – Construction of all types of new buildings and houses up to a distance of 0.5 km. in the zone shall be prohibited from 0.5 km. to 1.2 km, construction of low density (ground coverage less than half of the plot size) and low rise building about 15 feet can be permitted – It was incumbent upon State of Punjab to send a proposal to MoEF, as required but it has not chosen to do so for a reason precious project concerning MLAs is involved and MoEF has not accepted its proposal for keeping Buffer Zone to 100 meters – Need to protect flora and fauna which constitutes a major portion of our ecosystem is immediate. Development and urbanization coming at the cost of adversely affecting our natural surroundings will in turn impact and be the cause of human devastation – Human as well as wildlife are completely dependent upon environment for their survival – Such projects cannot be permitted to come up within such a short distance from wildlife sanctuary – Court has to perform its duty in such a scenario when authorities have failed to protect wildlife sanctuary Ecosensitive zone – Entire exercise of obtaining clearance relating to project quashed. (Paras 14, 18, 19, 23, 25, 26, 36 and 37)
Facts of the case:
Appellant has questioned the judgment and order dated 12.04.2017 passed by the High Court of Delhi, concerning the housing project, on the ground that the area in question falls within the catchment area of Sukhna Lake and is 123 meters away from the boundary of Sukhna Wildlife Sanctuary. The Survey Map of India dated 21.09.2004, demarcating the area of Sukhna Lake, is binding on the State of Punjab. The permission dated 05.07.2013, granted by the Nagar Panchayat, Naya Gaon to Tata Housing Development Company Ltd. (Tata HDCL), is invalid. The environment clearance dated 17.09.2013, granted by State Level Environment Impact Assessment Authority (SEIAA) for development of the project is not in conformity with the Notification dated 14.09.2006 of Ministry of Environment and Forest (MoEF), has also been set aside.
Findings of Court:
Directive Principles of State Policy provide that protection and improvement of environment, safeguarding forest and wildlife have been duly enjoined upon the Government. Those principles have found statutory expression in various enactments i.e., Wildlife (Protection) Act, E.P. Act etc., which have been enforced by this Court in various decisions. The inaction of State to constitutional and statutory duties cannot be permitted. The Court has to issue appropriate directions to fulfil the mandate. Article 51(A) provides fundamental duty to protect and preserve environment, wild life etc.
Result : Appeals dismissed.
The court held that projects cannot be permitted within a short distance from wildlife sanctuaries and eco-sensitive zones, especially when authorities have failed to protect these areas, and therefore, the exercise of obtaining clearance for such projects is to be quashed. The court emphasized the importance of environmental protection and the duty of the state to safeguard ecologically fragile zones. (!) (!)
JUDGMENT
Arun Mishra, J.
The appellant has questioned the judgment and order dated 12.04.2017 passed by the High Court of Delhi, concerning the housing project, on the ground that the area in question falls within the catchment area of Sukhna Lake and is 123 meters away from the boundary of Sukhna Wildlife Sanctuary. The Survey Map of India dated 21.09.2004, demarcating the area of Sukhna Lake, is binding on the State of Punjab. The permission dated 05.07.2013, granted by the Nagar Panchayat, Naya Gaon to Tata Housing Development Company Ltd. (Tata HDCL), is invalid. The environment clearance dated 17.09.2013, granted by State Level Environment Impact Assessment Authority (SEIAA) for development of the project is not in conformity with the Notification dated 14.09.2006 of Ministry of Environment and Forest (MoEF), has also been set aside. It has also been ordered that if the permission is granted by the State of Punjab in favour of the appellant if it so desires, it may apply to Central Government for environmental clearance treating project category 'A.'
2. The Tata HDCL proposed to develop a project, namely, "CAMELOT" in the revenue estate of village-Kansal, Tehsil-Kharar, District-Mohali, State of Punjab. The total project area is 52.66 acres, out of which 41.54 acres is to be developed for group housing built-up area of 4,63,144.54 sqm. The parking facility is to be provided for 3645 ESS. The estimated population of the project area was about 9788. The proposed maximum height of the building was to be 92.65 meters. Environmental clearance was required in terms of the Notification dated 14.09.2006 issued by MoEF, which mandates prior to environmental clearance from the Central Government or by the SEIAA. The Notification has a statutory force having been issued under Section 3(1) and 3(2)(v) of the Environmental (Protection) Act, 1986 ("E.P. Act") read with Rule 5(3)(d) of the Environment (Protection) Rules, 1996 ("E.P. Rules"). Tata HDCL applied for environmental clearance from SEIAA, Punjab. The application was forwarded to the State Expert Appraisal Committee (SEAC). In the meeting dated 06.06.2009, the committee awarded "gold grading" to the proposed project and recommended to forward the project to SEIAA for grant of environmental clearance subject to the conditions specified therein. The MoEF recommended for environmental clearance in its meeting held on 09-10.11.2010. However, MoEF had called a report from Northern Regional Office, Chandigarh vide letter dated 14.10.2010 regarding the proposed project. A team of officers inspected the project site, and, in the report, the distance of the housing-cum-retail project "CAMELOT" from Sukhna Wildlife Sanctuary is found to be 123 meters on Northern side and 183 meters on the Eastern side. Besides, the report stated that the project falls in the catchment area of Sukhna Lake as per the Survey of India Map.
3. On 12.01.2011, Tata HDCL addressed a letter to MoEF stating that the project site does not contribute to the catchment area of Sukhna Lake as physically the project area does not obstruct the natural flow of water towards Sukhna Lake.
4. In the meanwhile, C.W.P. No.20425/2010 titled "Aalok Jagga vs. Union of India and others" was filed in the High Court of Punjab and Haryana at Chandigarh, challenging the project to be in violation of the provisions of Punjab New Capital (Periphery) Control Act, 1952 as well as the E.P. Act claiming that the project lies in the eco-sensitive and protected area, apart from falling within the catchment area of Sukhna Lake.
5. The SEIAA sought clarification from MoEF as to whether it is competent to consider the application since the Sukhna Wildlife Sanctuary is located at a distance of 123 meters from the project site as per the report of Northern Regional Office of MoEF. The High Court vide order dated 26.03.2012 directed the Tata HDCL to comply with the requirements of the E.P. Act and Wildlife (Protection) Act for obtaining grant of necessar
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
