IMPORTANT POINT
The right to a healthy environment is integral to the right to life under Article 21 of the Constitution, obligating the state to protect ecological balance.

ORDER :

1. This Court is extremely worried about the reports dated 08.10.2024 published in daily newspapers i.e., Rajasthan Patrika and Dainik Bhaskar, wherein it has been highlighted that at a short distance of 15 kms from the Kuno National Park in Rajasthan’s territory i.e. District Baran, 1.19 lakh trees are being proposed to be cut down for establishment of a Pumped Storage Project in Shahbad Block of Baran District, Rajasthan.

2. The newspaper reports indicates that the Project shall consume a huge quantity of forest area and the full grown trees, which will not only potentially endanger the ecological balance by increasing carbon emissions, but would also be dangerous for the flora and fauna. The area is densely forested and any kind of intensive deforestation would threaten the existence of the flora and fauna of the area. The newspaper reports also shows that this 450 hectares of land soaks about 22.5 lakh metric tons of carbon and if the same is done away with then, it shall have a great impact upon the climate change. This deforestation may also lead to other side effects such as soil erosion, and will act as an impediment in achieving other key environmental benefits.

3. The alternate land provided in Jaisalmer District for afforestation is about 712 kms. away, and as per the report they soak only 3500 metric tons of carbon dioxide which is much lesser than the quantity, currently being soaked at Baran District, where as per the scientific data is soaking about 22.5 lakh metric ton of carbon dioxide.

4. This Court observes that the Right to a Green and Healthy Environment is considered as a facet of Right to Life enshrined under Article 21 of the Constitution of India, which in turn casts responsibility upon the State and its functionaries, not only just protect the environment from any potential degradation but also take active steps to preserve, protect and revive the same, thereby ensuring a true meaningful life to its citizenry.

4.1 This Court is conscious of the judgment rendered by the Hon’ble Apex Court in the case of M K Ranjitsinh & Ors Vs. Union of India & Ors. (Writ Petition (Civil) No.838 of 2019, decided on 21.03.2024 relevant portion whereof is reproduced as hereunder: -

“The right to a healthy environment and the right to be free from the adverse effects of climate change

19. India’s efforts to combat climate change are manifold. Parliament has enacted the Wild Life (Protection)Act 1972, the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981, the Environment (Protection) Act 1986, the National Green Tribunal Act 2010, amongst others. In 2022, the Energy Conservation Act 2001 was amended to empower the Central Government to provide for a carbon credit trading scheme. The Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules 2022 were made in exercise of the powers under the Electricity Act 2003 to ensure access to and incentivise green energy. The executive wing of the government has implemented a host of projects over the years including the National Solar Mission (discussed in greater detail in the subsequent segment), the National Mission for Enhanced Energy Efficiency, the National Mission for a Green India, and the National Mission on Strategic Knowledge for Climate Change, amongst others. Despite governmental policy and rules and regulations recognising the adverse effects of climate change and seeking to combat it, there is no single or umbrella legislation in India which relates to climate change and the attendant concerns. However, this does not mean that the people of India do not have a right against the adverse effects of climate change.

20. Article 48A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Clause (g) of Article 51A stipulates that it shall be the duty of every citizen of India to protect and impr