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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....
Encroachment on water bodies is impermissible; restoration of original ecological status is mandated by law.
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....
Natural wetlands cannot be encroached or replaced by artificial ones; revenue-recorded ponds must be restored despite constructions, with time for relocation to protect students; locus not barred by ....
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.
Encroachment on wetlands for non-wetland use is impermissible under environmental law, and the natural state of the water body must be restored.
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....
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