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R. MAHADEVAN, J. SATHYA NARAYANA PRASAD
R. Vinoth – Appellant
Versus
Additional Chief Secretary to Government Tourism and Culture Department – Respondent
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 orig
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....
Encroachment and pollution of water bodies invoke obligations under environmental protection laws, emphasizing the state's role as trustee for public resources and the need for effective restoration ....
The central legal point established in the judgment is the duty of the state to preserve natural resources, the application of public trust doctrine, intergenerational equity, and sustainable develop....
The state is constitutionally and legally obligated to preserve natural water channels under the public trust doctrine. Such land cannot be diverted for public utility purposes, as environmental pres....
The State has a constitutional duty to protect natural resources, and encroachments on public land must be removed to ensure environmental protection and community rights.
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 ....
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.
Particular piece of land is earmarked for public or communal purpose, it shall not be alienated even after change of classification of the land.
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