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2006 Supreme(Bom) 1882

F.I.REBELLO, D.Y.CHANDRACHUD
Janhit Manch – Appellant
Versus
State of Maharashtra – Respondent


F.I. REBELLO, J.:- The creative judicial interpretation of Article 21 by our constitutional Courts, has broadened our vision, in understanding the expression "right to life". Preventing degradation of our ecology and protection of our environment, including the right to clean drinking water and pollutant free atmosphere are some of its facets. Ecological factors as judicially understood, indisputably are relevant considerations in Town and Country Planning Statutes. Courts to preserve the environment and ecology of "Earth" our home for the present and future generations whilst interpreting environmental laws, lean in favour of protection. The questions raised by the petitioners and which fall for our consideration, give rise to a host of legal issues. Can the State, citing its financial inability to provide housing to encroachers on public and private lands residing in structures which came up before 11-1995 to whom it has granted protection from eviction or its inability to free RO areas, parks, gardens, footpaths and roads from encroachment, enact legislation, granting TDR to builders which TDR is to be used in the suburbs of Mumbai by permitting increase of F.S.I. from 1 to 2. T

































































































































































































































































































































































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