- (1.) As identical questions of law and facts are involved, therefore, I propose to decide all the cases of petitioners-accused (developers), depicted in Schedule A and those of subsequent vendees/transferees, mentioned in Schedule B (attached herewith), by virtue of this common judgment, in order to avoid the repetition. However, the relevant facts and material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petitions, extracted from main petitions (1) CRM No. M-51514 of 2007 titled as "M/s Ansal Properties and Infrastructure Ltd. & Ors. Vs. Haryana State Pollution Control Board" of Schedule 'A' and (2) CRM No. M-880 of 2010 titled as "Arvinder S.Brara Vs. Haryana State Pollution Control Board" of Schedule 'B', would be referred in subsequent part of this judgment for ready reference in this context.
(2.) Exhibiting the deep concern of degradation of environmental indiscipline, adversely affecting the humanity at large, the United Nations Organization (U.N.O.) convened an International Conference on human environment w.e.f. 5 th to 16 th of June, 1972 at Stockholm, in which, the Indian delegation led by the Prime Minister of India participated as well. Inter-alia, the gist of the proclamation/resolution adopted in the Conference, in substance, is as under:- "1. Man is both creature and moulder of his environment which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when through the rapid acceleration of science and technology, man has acquired the power, to transform his environment in countess ways and on an unprecedented scale. Both aspects of man's environment, the natural and the man made, are essential to his well being and to the enjoyment of basic human rights Even the right to life itself. 2. The protection and improvement of the human environment is a major issue which a ects the well-being of peoples and economic development throughout the world, it is the urgent desire of the peoples of the whole world and the duty of all Governments. 3. Man has constantly to sum up experience and go on discovering, inventing, creating and advancing. In our time man's capability to transform his surroundings, if used wisely, can bring to all peoples the benefits of development and the opportunity to enhance the quality of life. Wrongly or heedlessly applied, the same power can do incalculable harm to human beings and the human environment. We see around us growing evidence of man-made harm in many regions of the earth; dangerous levels of pollution in water, air, earth and living beings; major and undesirable disturbances to the ecological balance of the biosphere; destruction and depletion of irreplaceable resources; and gross deficiencies harmful to the physical, mental and social health of man, in the man-made environment; particularly in the living and working environment. A point has been reached in history when we must shape our actions throughout the world with a more prudent care for their environmental consequences. Through ignorance or indifference we can do massive and irreversible harm to the earthly environment on which our life and well-being depend. Conversely, through fuller, knowledge and wiser action, we can achieve for ourselves and our posterity a better life in an environment more in keeping with human needs and hopes. There are broad vistas for the enhancement of environmental quality and the creation of a good life. What is needed is an enthusiastic but calm state of mind and intence but orderly work. For the purpose of attaining freedom in the world of nature man must use knowledge to build in collaboration with nature a better environment. To defend and improve the human environment for present and future generations has become an imperative goal for mankind a goal to be pursued, together with, and in harmony with, the established and fundamental goals of peace and of world-wide economic and social development. To achieve this environmental goal will demand the acceptance of responsibility by citizens and communities and by enterprises and institutions at every level, all sharing equitably in common efforts. Individuals in all walks of life as well as organizations in many fields, by their values and the sum of their actions, will shape the world environment of the future. Local and National Governments will bear the greatest burden for large-scale environmental policy and action within their jurisdictions. International cooperation is also needed in order to raise resources to support the developing countries carrying out their responsibilities in this field. A growing class of environmental problems, because they are regional or global in extent or because they affect the common international realm, will require extensive cooperation among nations and action by international organizations in the common interest. The Conference calls upon the Governments and peoples to exert common e orts for the preservation and improvement of the human environment, for the benefit of all the people and for their posterity."
(3.) Sequelly, the assignment of 22 nd April of every year as live clean and live green Earth's (Mother's) Day by the UNO, is another step in this direction. In order to fulfill the International commitment, the Parliament has amended and introduced the Articles 48-A & 51-A in the Constitution of India. Likewise, it enacted The Water (Prevention and Control of Pollution) Act, 1974 (for brevity "the Act of 1974"); The Air (Prevention and Control of Pollution) Act, 1981 (for short "the Act of 1981"), The Environment (Protection) Act, 1986 and framed the rules thereunder (hereinafter to be referred as "the Act of 1986 & the relevant rules").;