BOMBAY ENVIRONMENTAL ACTION GROUP Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2005-10-116
HIGH COURT OF BOMBAY
Decided on
October 17,2005
BOMBAY ENVIRONMENTAL ACTION GROUP
Appellant
VERSUS
STATE OF MAHARASHTRA
Respondents
Referred Judgements :-
LENNON V GIBSON LTD [REFERRED TO]PROPRIETARY ARTICLES TRADE ASSOCIATION V ATTORNEY GENERAL OF CANADA [REFERRED TO]
M.C.MEHTA V UNION OF INDIA [REFERRED TO]
OMPRAKASH V STATE OF UP [REFERRED TO]
SEAFORD COURT ESTATES LTD V ASHER [REFERRED TO]
M.C.MEHTA V UNION OF INDIA [REFERRED TO]
ATTORNEY GENERAL OF THE COMMONWEALTH OF AUSTRALIA V THE QUEEN [REFERRED TO]
VILLAGE OF BELLE TERRE V BRUCE BORAAS [REFERRED TO]
COMMR OF INCOME TAX EXCESS PROFITS TAX BOMBAY CITY VS. BHOGILAL LAHER CHAND INCLUDING BATLIBOI AND CO BOMBAY [REFERRED TO]
MANEKLAL CHBOTALAL VS. M G MAKWANA [REFERRED TO]
K L GUPTE PADAMAKAR BALKRISHNA SAMANT INDIA FARMERS PRIVATE LIMITED BOMBAY LAXMISINGH UDITSINGH VS. MUNICIPAL CORPORATION OF GREATER BOMBAY [REFERRED TO]
H H MAHARAJADHIRAJA MADHAV RAO JIVAJI RAO SGINDIA BAHADUR OF GWALIOR H H MAHARAJADHIRAJA MAHARANA SHRI BHAGWAT SINGHJI BAHADUR OF UDAIPUR COL H H BRARBANS SARAMAUR RAJA I RAJAGAN SIR PRATAP SINGH MALVENDRA BAHADUR COL RAJA SURINDER SINGH BAHADUR VS. UNION OF INDIA [REFERRED TO]
HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALVARU SHRI RAGHUNATH RAO GANPAT RAO N H NAWAB MOHAMMAD IFTIKHAR ALI KHAN SHETHIA MINING AND MANUFACTURING CORPORATION LIMITED THE ORIENTAL GOAL GO LIMITED VS. STATE OF KERALA:UNION OF INDIA [REFERRED TO]
ASSISTANT CUSTODIAN EVACUEE PROPERTY VS. BRIJ KISHORE AGARWALA [REFERRED TO]
MANGALORE ELECTRIC SUPPLY COMPANY LIMITED VS. COMMISSIONER OF INCOME TAX WEST BENGAL [REFERRED TO]
R K GARG R K KARANJIA MADHU MEHTA P K SOI S S BEDI VS. UNION OF INDIA :UNION OF INDIA :UNION OF INDIA :UNION OF INDIA :UNION OF INDIA [REFERRED TO]
D S NAKARA VS. UNION OF INDIA [REFERRED TO]
LOHIA MACHINES LIMITED VS. UNION OF INDIA [REFERRED TO]
PRAKASH AMICHAND SHAH VS. STATE OF GUJARAT [REFERRED TO]
B K SRINTVASAN VS. STATE OF KARNATAKA [REFERRED TO]
B P KHEMKA PRIVATE LIMITED VS. BIRENDRA KUMAR BHOWMICK [REFERRED TO]
BANGALORE MEDICAL TRUST VS. B S MUDDAPPA [REFERRED TO]
M ISMAIL FARUQUI MOHD ASLAM HARGYAN SINGH THAKUR VIJAY RAGHO BHAGWAN BIRAJMANMANDIR JAMIAT ULAMA E HIND VS. UNION OF INDIA [REFERRED TO]
VIRENDER GAUR VS. STATE OF HARYANA [REFERRED TO]
M C MEHTA VS. UNION OF INDIA [REFERRED TO]
VELLORE CITIZENS WELFARE FORUM VS. UNION OF INDIA [REFERRED TO]
AHMEDABAD MUNICIPAL CORPN VS. NILAYBHAI R THAKORE [REFERRED TO]
NARMADA BACHAO ANDOLAN VS. UNION OF INDIA [REFERRED TO]
KISHAN PRAKASH SHARMA VS. UNION OF INDIA [REFERRED TO]
PADMA VS. HIRALAL MOTILAL DESARDA [REFERRED TO]
T N GODAVARMAN THIRUMALPAD VS. UNION OF INDIA [REFERRED TO]
ASLAM ALIAS BHURE VS. UNION OF INDIA [REFERRED TO]
GURUVAYUR DEVASWOM MANAGING COMMITTEE VS. C K RAJAN [REFERRED TO]
N D JAYAL VS. UNION OF INDIA [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. PROMOTERS AND BUILDERS ASSOCIATION [REFERRED TO]
FRIENDS COLONY DEVELOPMENT COMMITTEE VS. STATE OF ORISSA [REFERRED TO]
JAMSHED N GUZDAR VS. STATE OF MAHARASHTRA [REFERRED TO]
YASHPAL VS. STATE OF CHHATTISGARH [REFERRED TO]
BALAKRISHNA H SAWANT VS. SANGLI MIRAJ and KUPWAD CITY M CORPORATION [REFERRED TO]
M A PANSHIKAR VS. STATE OF MAHARASHTRA [REFERRED TO]
NARIMAN POINT ASSOCIATION VS. STATE OF MAHARASHTRA [REFERRED TO]
JUDGEMENT
S. Radhakrishnan, J. -
(1.)The above Petition has been filed in larger public interest, to protect the interests of residents of Mumbai and to improve the quality of life in Mumbai, which has drastically detenorated during the last fifteen years. The above Petition is prevent further serious damage to the town Planning and ecology so as to avoid an irretrievable breakdown of the city. Recent deluge during the last week of July this year, exposed as to how the city's sewerage and drainage system was unable to cope up and for almost a week the entire city was completely crippled.
(2.)The first Petitioner Bombay Environmental Action Group is a public charitable trust duly registered and also a registered society. Its aims and objects are, inter alia, to look after the environment in all aspects. On a number of occasions, the above Petitioner has initiated and/or participated in matters of environmental importance for the preservation and improvement of the environment in furtherance of the public interest in this Court. The second petitioner is a citizen of India and the Honorary Secretary of the first Petitioner and has served on various environmental committees appointed by both Central and State Governments, as also by this Hon'ble Court.
(3.)Mr. Chagla, the learned Senior Counsel for the Petitioner emphasised that the main thrust of the Petition is ensure "open Spaces" for the city and to provide the crying need of space for "public housing". In that behalf he referred to People United for Better Living in Calcutta v. State of W. B. , U. C. Banerjee, J. , (then a Judge of the Calcutta High Court) held:"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 present 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 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"
(2.)The first Petitioner Bombay Environmental Action Group is a public charitable trust duly registered and also a registered society. Its aims and objects are, inter alia, to look after the environment in all aspects. On a number of occasions, the above Petitioner has initiated and/or participated in matters of environmental importance for the preservation and improvement of the environment in furtherance of the public interest in this Court. The second petitioner is a citizen of India and the Honorary Secretary of the first Petitioner and has served on various environmental committees appointed by both Central and State Governments, as also by this Hon'ble Court.
(3.)Mr. Chagla, the learned Senior Counsel for the Petitioner emphasised that the main thrust of the Petition is ensure "open Spaces" for the city and to provide the crying need of space for "public housing". In that behalf he referred to People United for Better Living in Calcutta v. State of W. B. , U. C. Banerjee, J. , (then a Judge of the Calcutta High Court) held:"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 present 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 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"
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