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Showing contexts for: precautionary principle in Om Prakash Bhatt And Others vs State Of U.P. And Others on 28 October, 1996Matching Fragments
15. Then a new jurisprudence emerges at the end of deliberations at ihe 1987 meet - the World Commission on Environment and Development. The deliberations are known as the Brundland Report (after the Prime Minister of Norway). The Supreme Court has referred to this international meeting on environment and the above report.
Principals on environment protection have been adopted by the Supreme Court, one, the main is the principle of "Sustainable Development". The other two follow from the first: "The precautionary Principle" and "The polluter pays". Noticing these measures in safeguarding the ecological balance and environment the observations of the Supreme Court in Vellore Citizens Welfare Forum v. Union of India, (1996) 7 JT (SC) 375 : (AIR 1996 SC 2715) are relevant:
"11..... We are, however, of the view that "The precautionary Principle" and "The Polluter Pays" Principle are essential features of "Sustainable Development". The "Precautionary Principle" - in the context of the municipal law -means:
(i) Environment measures -- by the State Government and the statutory authorities -- must anticipate, prevent and attack the causes of environment degradation.
(ii) Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponeing measures to prevent environmental degradation.
Remediation of the damaged environment is part of the process of "Sustainable Development" and as such polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology."
16. The directions given to the Nigam, to withdraw occupation of its camp side on the slope of the bugiyal below the temple of Tungnath and above Chopta are to be carried by this public sector state organisation running a hotel at this place. The Chairman and Managing Director of the Organisation will ensure that the direction is followed and implemented by 31 March, 1997. Hereinafter hotels and tourist lodges will ensure following the precautionary principle. There are several open patches made available by nature where barren terrain exists to take in tourist lodges provided they are spread out widely. The Chief Conservator of Forests (Hills) for Kumaun and Garhwal can indicate the specific sites in consultation with the village Panchayats.