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 48A, and Article 51A. The judgment also emphasizes the Public Trust Doctrine and the principle of inter-generational equity in environmental matters.

ORDER :

(R. Mahadevan, J.)

1. We have heard the learned counsel appearing on either side and also perused the materials available on record.

2. The Nature has gifted us with several resources like water, forests, mountains, land and wildlife, the existence of which is essential for the survival of the Earth’s fragile ecosystems. There is a scientific purpose behind such creation or formation. The existence of one resource is related to the existence of the other, in turn, the survival of the humanity. Any disturbance in this delicate balance has repercussions, one can never expect with its effects vexing generations together. Our Constitution enjoins a duty not only on the State but also on every individual to protect the environment. Therefore, protection and preservation of the environment is paramount consideration.

3. The petitioner has come up with this writ petition as a Public Interest Litigation seeking to issue a writ of Mandamus directing the respondents to consider his representation dated 07.10.2022 and take action against those, who have set up the illegal artificial private waterfalls by diverting the natural falls in their property, demolish the same and restore the original flow of the stream, river and rivulet in the fragile Western Ghats ecosystem.

4. The petitioner who is a resident of Tirunelveli District, claims himself to be an avid traveller visiting various tourist places of importance. During one such visit to Courtallam falls in Western Ghats, he has noticed that water from the falls has been diverted to set up private waterfalls exclusively for their customers at a fixed price. He has also noticed that various private waterfalls have mushroomed in similar fashion by diverting the water from the natural falls. According to the petitioner, waterfalls are bounties of nature and it cannot be confined to one's private use to earn money. The Government is the custodian of all the natural resources including waterfalls and it identifies places of waterfalls and converts the same into tourist destination so that public can enjoy it. The petitioner also stated that the water falling is unpolluted and has medicinal benefits capable of curing illnesses as the water has flown through various herbs and shrubs.

5. The petitioner further stated that every year, the number of persons visiting the waterfalls in Western Ghats is on the rise. By taking advantage of the demand of the number of tourists visiting the waterfalls, private resorts and hotels have set up artificial waterfalls to attract tourists. Such waterfalls are meant for celebrities and Very Important Persons (VIPs) and they enjoy water so diverted in private much to the chagrin of the general public. For the purpose of setting up private waterfalls, the hotel owners purchase huge tracts of land and with the connivance of the officials of the Forest Department, divert the natural flow of the water. It is also stated that natural flow of stream, river and rivulets are being diverted to an artificial pond in order to create artificial waterfalls in places where it never existed at all. Such artificial waterfalls or pond is being set up for commercial activities and hence, it should not be permitted.

6. The main grievance of the petitioner is that such diversion of river, stream and rivulets have severe environmental ramifications. Numerous flora and fauna including birds, fishes, snakes etc., are dependent on the eco-system to survive. The health of a forest depends on its rivers and water source. If a river in the forest or the water source dries, it has its own repercussions and impact on the eco-system and biodiversity. Similarly, cutting the water flow and setting up private waterfalls, according to the petitioner, will lead to disastrous consequences on the eco-system.

7. In the writ petition, the petitioner has tabulated some of the critically endangered mammals, fishes, trees and plants which are endemic to the Western Ghats. He has also furnished a list of