Back
B. R. GAVAI, K. VINOD CHANDRAN, N. V. ANJARIA
Swacch Association, Nagpur – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. introduction to the case and appellant's background. (Para 1 , 2) |
| 2. appellant's grievances regarding construction and environmental concerns. (Para 3) |
| 3. court's observations on construction approvals and environmental regulations. (Para 4 , 5) |
| 4. extension of public trust doctrine to man-made bodies and environment. (Para 6 , 7 , 8 , 9) |
| 5. conclusion and final order of the court. (Para 10 , 11) |
JUDGMENT :
N.V. ANJARIA, J.
Leave granted.
1.1 Heard learned Senor Advocate Mr. Gopal Sankaranarayanan for the appellant, learned Solicitor General Mr. Tushar Mehta for respondent Nos.1, 2 and 8, learned Additional Solicitor General Ms. Aishwarya Bhati for respondent Nos.8 and 9, learned Senior Advocate Mr. Shekhar Naphade for respondent No.3, learned Senior Advocate Mr. S.K. Mishra for respondent No.4, learned Senior Advocate Mr. Dama Seshadri Naidu for respondent No.5, learned Senior Advocate Mr. Rohit Anil Rathi for respondent No.6, learned Senior Advocate Mr. Neeraj Kishan Kaul for the intervenor, along with the respective assisting learned advocates, at length.
2. The appellant-original petitioner addresses challenge to the judgment and order dated 30.11.2023 passed by the D
The Futala Lake is a man-made waterbody, not classified as a wetland under the 2017 rules, thus constructions around it are not in violation of those regulations.
The main legal point established in the judgment is the duty of the State to hold and manage communal properties, such as water bodies, for the benefit of the community. The judgment also emphasizes ....
De-silting the tank does not amount to changing the physical features of the water body known as “Koneru” situated at Sy.No.697 in Rayachoti town, YSR Kadapa District, to violate constitutional oblig....
The main legal point established in the judgment is the duty of the State and citizens to protect and improve the environment, as enshrined in constitutional provisions such as Article 21, Article 48....
The duty to restore and conserve wetlands is a constitutional responsibility, overriding private property disputes, under the East Kolkata Wetlands (Conservation and Management) Act, 2006.
Damage to recorded water bodies triggers NGT jurisdiction within 5 years from public auction knowledge; restoration mandatory unless third-party rights exist, then alternative site plus polluter pays....
Doctrine of public trust was thus applied in the above context by the Supreme Court as it aimed at interfering with the course of the river and also affect the forest. In the present case, there is n....
Doctrine of Public Trust - Doctrine of public trust has been violated and breached by respondents in coming up with new academic block within precincts of Pratap Vilas Palace. - Palace is not a publi....
The court mandated the Lake Protection Committee to consider objections regarding the Full Tank Level of Durgam Cheruvu tank, ensuring compliance with principles of natural justice.
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
