Supreme Court Digest of Recent Cases
(2006) 6 SCC 371

Environment Protection and Pollution Control

Sustainable development

— Application of concept of — Establishment/Development of industries — Allotment of land for putting up industry — Prerequisite condition for — Obtaining clearance for the project from the State Pollution Control Board and the Department of Ecology and Environment before putting up any industry — Nature of — Held, has to be mandatory — Hence, appellant State Industrial Areas Development Board directed to convert the directory nature of the said condition in the letter of allotment to mandatory one, (2006) 6 SCC 371-A

Environment Protection and Pollution Control

Sustainable development

— Application of concept of — Acquisition of land for development — Directions by High Court to authority concerned to leave one km area from the village limits as a free zone or green area to maintain ecological equilibrium — Propriety of — Held, if directions in question are rigorously implemented, the authority concerned could not acquire any land for development — In this view of the matter, the said directions were liable to be set aside, (2006) 6 SCC 371-B

Environment Protection and Pollution Control

Sustainable development

— Application of concept of — Acquisition of land for development — Impact of development on environment — Consideration of — Necessity of — Held, before acquisition of lands for development, the consequence and adverse impact of development on environment must be properly comprehended and the lands be acquired for development such that ecology and environment is not gravely impaired, (2006) 6 SCC 371-C

Environment Protection and Pollution Control

Sustainable development

— Concept of, and its need, explained — Contribution of the judiciary and others in this regard, taken note of — ``Precautionary principle'', ``polluter-pays principle'' and ``public trust doctrine'', the essential features of sustainable development, considered — Adherence thereto for preservation of ecology, emphasised, (2006) 6 SCC 371-D

Constitution of India

— Arts. 21, 48-A & 51-A(g) — ``Life'' — Meaning and scope : Broadly construed — Rights covered — Ecological balance, maintenance of — Natural resources, conservation of — Generally — Environmental degradation and its consequences — Rising problems of global warming, depletion of ozone layers, acid rain, etc. and their ill-effects, taken note of, (2006) 6 SCC 371-E

Environment Protection and Pollution Control

Environment (Protection) Act, 1986

— S. 2(a) — ``Environment'' — Meaning of, (2006) 6 SCC 371-F

Land Acquisition and Requisition

Karnataka Industrial Areas Development Act, 1966 (18 of 1966)

— S. 47 — Validity of — Considering that respondents did not appear before Supreme Court and decision on S. 47 may have far-reaching impact and ramification, validity of the said section left to be decided in an appropriate case, (2006) 6 SCC 371-G



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