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M.C. Mehta vs Union Of India & Ors on 18 March, 2004

In M.C.Mehta vs. Union of India, reported in AIR 2004 SC 4016, it was pointed out that the development and the protection of environments are not enemies. If without degrading the environment or minimising adverse effects thereupon by applying stringent safeguards, it is possible to carry on development activity applying the principles of sustainable development, in that eventuality, the development has to go on because one cannot lose sight of the need for development of industries, irrigation resources and power projects, etc., including the need to improve employment opportunities and the generation of revenue. A balance has to be struck. In such matters, many a times, the option to be adopted is not very easy or in a strait-jacket. If an activity is allowed to go ahead, there may be irreparable damage to the environment and if it is stopped, there may be irreparable 17/30 http://www.judis.nic.in W.P.(MD) No.23754 of 2018 damage to economic interest. In case of doubt, however, protection of environment would have precedence over the economic interest. Precautionary principle requires anticipatory action to be taken to prevent harm. The harm can be prevented even on a reasonable suspicion. It is not always necessary that there should be direct evidence of harm to the environment.
Supreme Court of India Cites 40 - Cited by 1765 - H K Sema - Full Document

Subhash Kumar vs State Of Bihar And Ors on 9 January, 1991

25. The Honourable Supreme Court in the case of Subhash Kumar vs. State of Bihar, reported in AIR 1991 SC 420, held that the right to live, a fundamental right under Article 21 of the Constitution of India, includes the right of enjoyment of pollution free water and air for full enjoyment of life; if anything endangers or impairs their quality of life in derogation of laws, citizens have the right to invoke Article 32 of the Constitution of India.
Supreme Court of India Cites 16 - Cited by 230 - K N Singh - Full Document
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