India

Environment Support Group v. Union of India

Jurisdiction: India


Side A: Environment Support Group (Ngo)


Side B: Union of India (Government)


Core objectives: Challenge to application of grant given for development.


Summary
Cites a Supreme Court decision which described climate change/global warming as a ‘major threat to the environment'. 1. It is held that the applications are barred by limitation only in respect of the allotments made to the respondents/allottee Project proponents. 2. It is held that the Amrit Mahal Kaval lands allotted to the respondents/allottee Project Proponents are not forest lands. 3. In view of the discussions made and by applying the Doctrine of Sustainable Development, it is held that the respondents/allottee Project proponents are not to be restrained from carrying on their proposed projects in view of the allegations made by the applicants that the proposed project, if allowed, would cause environmental degradation and ecological imbalance. But, the respondents/allottee Project proponents shall carry on their further activities in respect of the proposed projects subject to the directions issued by the Tribunal as above obtaining necessary environmental clearance and consent for establishment as the case may from the authorities. 4. It is made clear that the respondents/allottees Project proponents who require environmental clearance and consent for establishment under the provisions of the environmental enactments are restrained from carrying out any activity either constructional or otherwise without obtaining previous environmental clearance from MoEF and consent for establishment from KSPCB as the case may be. 5. In appraisement of the facts and circumstances narrated above, the Government of Karnataka is restrained from making any further allotment in Amrit Mahal Kaval lands in Chitradurga district to any one on any reason or for any purpose. 6. In addition to directions given under different heads at appropriate sections of the judgment, the specific directions to the MoEF, KSPCB and the Allottee Project Proponents which have got to be strictly complied with. 7. In so far as the other reliefs sought for by the applicants, it is held that they are premature and the applicants are given liberty to raise the contentions both legal and factual at necessary stages at appropriate forum as and when warranted. 8. Since the matter is related to environment and ecology, there is no room for compromise. Both MoEF and KSPCB are directed to strictly comply with the observations and also directions given to them at the time of grant of environmental clearance and or consent for establishment as the case may be from the respective authorities. The applications are disposed of accordingly. No cost.

from the Grantham Research Institute
from the Grantham Research Institute
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