Search Results Page
Search Results
1 - 10 of 10 (0.48 seconds)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.
Article 226 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Section 3 in The Environment (Protection) Act, 1986 [Entire Act]
The Environment (Protection) Act, 1986
Section 3 in The Right to Information Act, 2005 [Entire Act]
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.
The Air (Prevention And Control Of Pollution) Act, 1981
1