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1999 Supreme(Ker) 380

Kerala High Court
P.A.MOHAMMED,G.SIVARAJAN,M.R.HARIHARAN NAIR
Nature Lovers Movement - Appellant
Versus
State of Kerala - Respondent
Decided On : 10/07/1999

Advocates:
B. Gopakumar, for Petitioner; Advocate General M. K. Damodaran, (for Nos 1 and 2), Central Govt. Standing Counsel, K. Ramakumar, (for No. 3), Standing Counsel S. Ramesh Babu, (for No. 5) and Johnson Manayani (for Nos. 6 to 21), for Respondents.

Judgement

MOHAMMED, J. :- What is before us is a theme of intense debate involving the use and occupation of forest lands and its inevitable reaction to ecological balance and environmental outfit. This is brought to us by way of a 'public interest litigation' moved by a registered Society known as "Nature Lovers Movement".

2. 'Love of nature' is not a modern phenomenon. It existed from the beginning of the humanity itself. "Man is the measure of all things," so said Plato. Man loves nature and nature in turn nourishes him. Man serves society and society in turn preserves him. Nature and society are thus inter-dependent and the duty of man to them is inherent. These basic percepts envisage the protection of environment and preservation of humanity. But "For the greenest of environmentalists, humans are of lesser importance than the abundant and diverse flora and fauna of the planet. Humans are defined as a recent addition to the livestock and are considered to have been a wholly disruptive influence on a world which was paradise before their arrival."(1) But the globalization of economic development as a result of constant endeavour of humans cannot be whittled down or destroyed for the sake of environment and preservation of ecology. Therefore when we say 'love of nature' it is a love for ecology, it is a love for environment and above all it is a love for human beings.

(1) A Guidelook to environmental Law -- By Roslind Malcon - page 1

3. The globalization of the economic development by its very nature increases its impact on the environment. All the countries that have recorded economic growth have added to the environmental degradation as well. An eminent Ecologist Edward Goldsmith in an illustrative article said:

"By now, it should be clear that the environment is becoming ever less capable of sustaining the growing impact of our economic activities. Everywhere our forests are overlogged, our agricultural lands overcropped, our grasslands overgrazed, our wetlands overdrained, our ground-waters overtapped, our seas overfished, and just about the whole terrestrial and marine environment overpolluted with chemical and radioactive poisons. Worse still, if that is possible, our atmospheric environment is becoming ever less capable of absorbing either the ozone depleting gases or the greenhouse gases generated by our economic activities without creating new climatic conditions to which we cannot indefinitely adapt." (2)

This quote portraits the magnitude of the environmental degradation that is being faced with by all the countries in the world. "We have either been ignorant or uninterested in all of this in our pell-mell race for more productivity, more goods and more leisure. We are only beginning to realize the accumulated debts that must be paid." (3) But Professor Anders Victorin had somewhat a different thought:

"We are no longer only the inheritors of the earth, we are also Earth's children, fellow travellers on a ship in space. And a growing number of people are prepared to act on this new view of the world. This is in a sense a Copernican counter-revolution. Earth has again become the centre of the universe." (4)

(2.) Article 'Can the environment survive the global economy question' published in the Development Digest - February 1998.

3. William D. Hurley in environmental Legislation Chapter 6, page 81.

4. Environmental Law Sympostum, 1990, University of Surrey as quoted in ' A Guide book to Environmental Law' page 20

(supra).

4. In the year 1972 a major change in the spectrum took place as a result of United Nations Conference of the Human Environment at Stockholm in order to shape human actions according to their environmental effects. Principle 1 of the Stockholm Declaration Ordained "man has the fundamental right to freedom, equality and adequate conditions of life in an environment of quality that permits a life of dignity and well-being and he bears a solemn responsibility to protect and improve the environment for present







































































































































































































































































































































































































































































































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