- (1.) POPULATION growth and modern technological developments by themselves pose a great threat to the very existence of living and non -living organisms - - this is not confined to a particular region, but it has crossed trans -national frontiers. In 1972 the Stockholm Conference under the auspices of the United Nations did deliberate upon the issues of protection of human environment. The Habitat Conference, Vancouver, British Columbia, 1976 and the World Water Conference at Argentina in 1977 recorded a detailed discussion as regards the water pollution. It is not out of place to mention that water pollution along with the pollution in the air and the noise pollution are in a much higher degree in the metropolitan centres than in the rural sectors and as such population influx and technological developments can be ascribed to be the two basic factors for such environmental degradation. The National Environmental Engineering Research Institute has confirmed that levels of sulphur dioxide and other particulate matters in big cities haveexceeded the permissible limits as prescribed by the World Health Organisation (W.H.O.).
(2.) WHILE it is true that in a developing country there shall have to be developments, but that development shall have to be in closest possible harmony with the environment, as otherwise there would be development but no environment, which would result in total devastation, though, however, may not be felt in presenti but at some future point of time, but then it would be too late in the day, however, to control and improve the environment. Nature will not tolerate us after a certain degree of its destruction and it will in any event, have its toil on the lives of the people : Can the present -day society afford to have such a state and allow the nature to have its toll in future - the answer shall have to be in the negative : The present day society has a responsibility towards the posterity for their proper growth and development so as to allow the posterity to breathe normally and live in a cleaner environment and have a consequent fuller development : Time has now come therefore, to check and control the degradation of the environment and since the Law Courts also have a duty towards the society for its proper growth and further development and more so by reason of definite legislations in regard thereto as noted hereinafter, it is a plain exercise of the judicial power to see that there is no such degradation of the society and there ought not to be any hesitation in regard thereto - - but does that mean and imply stoppage of every developmental programme - - the answer is again 'no' : There shall have to be a proper balance between the development and the environment so that both can co -exist without affecting the other. On the wake of the 21st century, in my view, it is neither feasible not practicable to have a negative approach to the development process of the country or of the society, but that does not mean, without any consideration for the environment. As noted above, there should be a proper balance between the protection of environment and the development process : The society shall have to prosper, but not at the cost of the environment and in the similar vein, the environment shall have to be protected butnot at the cost of the development of the society - - there shall have to be both development and proper environment and as such, a balance has to be found out and administrative actions ought to proceed in accordance therewith and not d'hors the same. Erroneously at times pollution is equaled with environment. In fact, pollution is one of the aspects of environment and the expression 'environment' has to be viewed with all its components and considered in its totality. There are indeed a wide range of physical, biological and man -made components that interact in building up an environment. This has made the subject complex and a matter for multi -disciplinary study. Environmental conditions get substantially influenced by local factors; Factors like regular recurrence of natural calamities, i.e. floods, drought, land subsidence and the like or features like intensive exploitation of natural resources, e.g., mining, deforestation or a highly effective health phenomenon in the form of predominance of an endemic disease or a typical socio -economic condition engulfing a large percentage of local population - - all exert profound influences of different nature and dimensions on the environment that revolve in a particular area. The intensity of the major factor determines the essential character of the environment under such circumstances. In -depth studies of such problem areas reveal interesting features exposing intricate linkages between environmental conditions and the pattern of human behaviour and response. Some possible solution towards meeting the challenges of nature may also be struck which, if adopted, may bring a significant change for the better.
(3.) TURNING attention now on to the present writ petition, it appears that the entire thrust of challenge in the petition is in regard to the maintenance of wetlands in the eastern fringe of the city of Calcutta - - but what is this wetland? The Water Board of the New South Wales Government, Australia in its Secondary Poster 2 'Protecting our Wetlands' records the following: 'Wetlands, often called bogs, swamps,marshes, billabongs and a host of other names, are areas of wetland. The amount of water in them varies depending on the weather and the time of year. Sometimes they can be quite dry. Special plants, such as reeds, grow in wetland areas. Wetlands also provide a home for a host of different wildlife rainging from migratory and local birds to fish, reptiles, amphibians and insects. All these living things depend on wetlands for their exisience. Eastuarine wetlands are found where rivers start to join the sea. Their water is brackish (a mixture of salt and fresh water) and it rises and falls along with the tide. Mangroves grow in estuarine wetlands. Billabongs are old river beds that are left when the river takes a different direction. When the new river floods or there is heavy rain, the billabongs fill with water. Marshes and swamps can be found in many places. They are shallow, low lying areas of ground, filled with reeds and wildlife'. The Secondary Poster also records : 'Each wetland functions as an ecosystem that is, a system where all the parts (land, plants, animals, water, solar energy) depend on each other. If one part of the system, the amount of sunlight for instance, is changed, ail the other parts will be affected too. Often change to one element of an ecosystem results in the destruction of the whole. Not only are the wetlands fragile ecosystems in themselves, but they form a vital part of the world's ecosystem as well, 'Wetlands rely on established water drainage pattern. Any population nearby, with its paved streets, gardens, stormwater waste etc. inevitably alters water drainage patterns and affects the wetland. We need to take steps to prevent destructionof our wetlands.' ;