AI Overview...
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State's Constitutional Duty to Protect Water Bodies
The courts have consistently emphasized that it is a constitutional obligation of the State to maintain, restore, and protect water bodies and wetlands. This duty is rooted in environmental laws and constitutional provisions like Articles 48A and 51A(g), which obligate the State to safeguard the environment and natural resources. Iqbal Ahmad VS Deputy Director of Consolidation - Allahabad, Ranjit Kumar Sapui vs State of West Bengal - National Green Tribunal, Mr. Indradeep Ghosh vs The State of West Bengal & Ors. - National Green Tribunal, Bhopal Care Hospital vs State of Madhya Pradesh & Ors. - National Green Tribunal, Sala Ramesh, S/o Satyanarayana VS State of Andhra Pradesh - Andhra Pradesh, P. Ramachandran S/o Late P. Polashi VS State of Andhra Pradesh - Andhra Pradesh, Bhopal Care Hospital vs State of Madhya Pradesh - National Green Tribunal, Bhopal Care Hospital vs State of Madhya Pradesh - National Green Tribunal, Bhopal Care Hospital vs State of Madhya Pradesh - National Green Tribunal -
Legal Directives for Restoration and Protection
The judiciary has issued specific orders directing the State and its agencies to restore and maintain water bodies, including wetlands and lakes. These include constituting committees for protection, maintaining status quo, and restoring water bodies within stipulated timelines. Violations of these directives have been noted, yet the courts continue to hold the State accountable for environmental restoration. Iqbal Ahmad VS Deputy Director of Consolidation - Allahabad, Ranjit Kumar Sapui vs State of West Bengal - National Green Tribunal, Mr. Indradeep Ghosh vs The State of West Bengal & Ors. - National Green Tribunal, Sala Ramesh, S/o Satyanarayana VS State of Andhra Pradesh - Andhra Pradesh -
Environmental Preservation and Water Quality Management
Maintaining water quality, preventing dumping of waste, controlling effluents, and ensuring sufficient water levels are recognized as critical constitutional obligations of the State. Regular water quality monitoring and stringent remedial actions are mandated to support aquatic life and ecological health. Bhopal Care Hospital vs State of Madhya Pradesh & Ors. - National Green Tribunal, Bhopal Care Hospital vs State of Madhya Pradesh - National Green Tribunal, Bhopal Care Hospital vs State of Madhya Pradesh - National Green Tribunal, Bhopal Care Hospital vs State of Madhya Pradesh - National Green Tribunal -
Protection Against Encroachments and Illegal Activities
The courts have highlighted issues of encroachments and illegal allotments of water bodies and public lands, calling for actions to cancel illegal assignments and restore public resources. Protecting water bodies from unauthorized encroachment is integral to the State's constitutional duties. Vellore Institute of Technology, (Deemed University), Represented by its Chancellor VS Secretary, State of Tamil Nadu, Revenue Department, Secretariat, Fort St. George - Madras
Analysis and Conclusion
The judiciary underscores that the protection, restoration, and maintenance of water bodies are not merely statutory obligations but also constitutional imperatives of the State. Courts have repeatedly directed the formulation of committees, enforcement of environmental laws, and strict remedial measures to ensure water resource sustainability. The State's duty encompasses ecological preservation, pollution control, and safeguarding water bodies from illegal encroachments, affirming that water resource management is a fundamental constitutional responsibility.
Search Results for "State has Constitutional Duty to Protect Restore Water Bodies 150"
2007 0 Supreme(All) 3247 • India - Allahabad
S.N.SRIVASTAVA
the duty of the State to maintain water bodies and protect the environment. ... Finding of the Court: The court found that the State and its instrumentalities were duty-bound to maintain water bodies ... and protection of water bodies. ... Thereafter, this Court enjoined the State Government to constitute a Committee vide order dated 25.2.2005 to look after and protec....
2025 Supreme(Online)(NGT) 1798 • India - National Green Tribunal KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Satyagopal Korlapati, EM
... ... (C) Restoration and protection of water bodies as a constitutional duty of the State highlighted. ... (E) The Court found that despite previous directives from the High Court to restore the wetland, violations continued. ... (F) The Original Application is disposed of, directing the East Kolkata Wetlands Management Authority to restore the wetland within ... Since this Court has on 15.07.2019 already directed the parties to maintain status quo, Respondent Nos....
2025 Supreme(Online)(NGT) 783 • India - National Green Tribunal KOLKATA (EASTERN ZONE BENCH)
Debangsu Basak, J, Biswanath Somadder, ACJ, Arindam Mukherjee, J
the wetlands as per the Act, recognizing the crucial ecological role of these water bodies and affirming that private ownership ... bodies designated as wetlands, alleged that Respondents drained and filled these bodies, violating statutory provisions. ... obligations to restore wetlands under the Act. ... Since this Court has on 15.07.2019 already directed the parties to maintain status quo, Respondent Nos.1 to 5 shall restore, maintain and protect the subject-#HL_ST....
2024 Supreme(Online)(NGT) 4891 • India - National Green Tribunal BHOPAL (CENTRAL ZONE BENCH)
SHEO KUMAR SINGH, J, DR. A SENTHIL VEL, ACJ
environmental laws, and the regulation of discharges into water bodies. ... duties of State bodies towards maintaining public health and environmental restoration, citing violations of numerous acts, including ... ... ... Findings of Court: ... The court found a need for stringent remedial actions to restore environmental integrity and directed ... Further, the lakes need to hold sufficient water and lake water quality has to be maintained at least which may allow ....
2023 0 Supreme(AP) 825 • India - Andhra Pradesh
SUBBA REDDY SATTI
ponds or water bodies. ... bodies. ... Final Decision: The writ petition was allowed, and the respondents were directed to restore the water tank within six months ... District Collector, Chittoor District and Others, 2019 (4) SCC 500, the Hon’ble Apex Court emphasized the need to retain and restore water bodies and held that water bodies are inalienable. ... A conspectus of expression referred to supra, right to ....
2021 0 Supreme(AP) 613 • India - Andhra Pradesh
M.SATYANARAYANA MURTHY
The Supreme Court has time and again emphasized the need to retain and restore water bodies and held that water bodies are inalienable. Land comprised in water bodies cannot be alienated to any person even if it is dry. Respondent No. 4 relied on the judgment of the Apex Court in M.C. ... Thus, Article 48A and Article 51A(g) obligates the State to protect environment and make every endeavor to protect lakes, rivers....
2025 Supreme(Online)(NGT) 900 • India - National Green Tribunal BHOPAL (CENTRAL ZONE BENCH)
Justice Sheo Kumar Singh, J, Dr. A Senthil Vel, ACJ
Further, the lakes need to hold sufficient water and lake water quality has to be maintained at least which may allow aquatic life to thrive. This is constitutional obligation of the State. ... Water quality of water bodies be restored by preventing dumping of waste and discharge of effluents/sewage. Water quality monitoring has to be on regular basis, exploring possibility to keep water bodies ae....
2025 Supreme(Online)(NGT) 653 • India - National Green Tribunal BHOPAL (CENTRAL ZONE BENCH)
Mr. Justice Sheo Kumar Singh, Dr. A Senthil Vel, JJ
Further, the lakes need to hold sufficient water and lake water quality has to be maintained at least which may allow aquatic life to thrive. This is constitutional obligation of the State. ... Water quality of water bodies be restored by preventing dumping of waste and discharge of effluents/sewage. Water quality monitoring has to be on regular basis, exploring possibility to keep water bodies ae....
2025 Supreme(Online)(NGT) 685 • India - National Green Tribunal BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. JUSTICE SHEO KUMAR SINGH, J, HON'BLE DR. A SENTHIL VEL, ACJ
Authorities in managing water pollution and encroachments around water bodies, emphasizing the need for stringent action and accountability ... 2, 8, and 12) ... ... (B) Environmental Protection - The Tribunal observed serious neglect by State ... Further, the lakes need to hold sufficient water and lake water quality has to be maintained at least which may allow aquatic life to thrive. This is constitutional obligation of the State. ... ....
2019 0 Supreme(Mad) 1521 • India - Madras
S.M.SUBRAMANIAM
bodies and water resources already made in favor of private institutions/individuals across State including the writ petitioner ... and water resources, suitable actions are to be initiated to cancel all such illegal or irregular assignments and restore public ... If any irregularities or illegalities are identified in respect of those assignments/allotments of Government lands water bodies ... This Court is witnessing large extent of encroachments of public lands, #H....
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