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2019 Supreme(SC) 1228

ARUN MISHRA, M.R.SHAH, B.R.GAVAI
TATA HOUSING DEVELOPMENT COMPANY LTD. – Appellant
Versus
AALOK JAGGA – Respondent


Advocates Appeared:
For the Parites :P. S. Patwalia, Ashok K. Mahajan, (Appearance slip not given) Lalit Kumar, S. Sharma, Advocate, Pranay Ranjan, Vijay Prakash, G. S. Makker, Karan Bharihoke, Siddhant Sharma, Navkiran Bolay, Manmeet Arora, Nidhi Mohan Parashar, Samapika Biswal, S. Shriram, Saron, Keshav Sehgal, Manu Nair, Suvarna Kashyap, Neelabh S., Sugandha Yadav, S. S. Shroff, Shubham Bhalla, Rahul Gupta, Advocates.

Judgement Key Points

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-

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