Jurisdiction of NGT
F Merits of Expert Committee Report
G Precautionary Principle
H Conclusion
2
PART A
A The Appeal
1 These appeals under Section ... principles of sustainable development, the precautionary
principle and the polluter pays principle.”
24
PART G
26 The precautionary principle finds its clearest elaboration in Principle
modernisation of existing project. The measures are based on the
precautionary principle and aim to protect the interests of the environment. The
circular dated ... post facto clearance. This would be contrary to both the precautionary
principle as well as the need for sustainable development.
24. In order to enable
recommendations;
and
(v) The EIA Notification is an operationalisation of the precautionary
principle, which forms a part of the environmental law of India ... must be read in a manner which gives effect to the
precautionary principle.
Interpreting paragraphs 2 and 7
12. The central controversy between the parties
have begun. It drew on this Court’s jurisprudence on
the precautionary principle, polluter pays principle and the principle of sustainable
development.
2
Para
under a mandate to apply the
principles of sustainable development, the precautionary principle and the polluter
pays principle while passing any order, decision or making
Pradeep S. Wodeyar vs The State Of Karnataka on 29 November, 2021
Author: D.Y
principle of sustainable development, Justice A M Khanwilkar
observed that the principle of sustainable development necessarily incorporates
within it the principle of development – development which ... degrading. He holds thus:
“507. The principle of sustainable development and
precautionary principle need to be understood in a proper
context. The expression “sustainable development
with Section 20 of the Act. The principles of
sustainable development, precautionary principle and polluter pays,
propounded by this Court by way of multiple judicial
enforced scrupulously. Unless steps have already
been taken to enforce the precautionary steps envisaged in the notification,
MoEF&CC shall do so within ... months from the date of this
judgment. In doing so the precautionary principle shall be followed. The
MoEF&CC shall also determine upon
Hanuman Laxman Aroskar vs Union Of India on 16 January, 2020
Equivalent citations: AIRONLINE 2020