INTELLECTUALS FORUM, TIRUPATHI versus STATE OF A.P. AND ORS.

Citation: [2006] 2 S.C.R. 419 · Decided: 23-02-2006 · Supreme Court of India · Bench: RUMA PAL · Disposal: Disposed off

Cited by 9 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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INTELLECTUALS FORUM, TIRUPATHI 
A 
' 
v. 
STATE OF A.P. AND ORS. 
FEBRUARY 23, 2006 
[RUMA PAL AND DR. AR. LAKSHMANAN, JJ.] 
B 
., 
Environmental Protection: 
-i 
Sustainable Development-Public Trust Doctrine-Public Tanks-Pre-
historic tanks-Preservation and restoration of-Government Orders directed c 
handing over of the tank bed areas of Peruru and Avila/a tanks to Tirupathi 
Urban Development Authority (TUDA)-Writ petitions challenging said 
Government Orders dismissed-Main grievances of the petitioners were 
systematic destruction of percolation, irrigation and drinking water tanks and 
alienation of tank bed lands for housing purposes-Committee of experts D 
submitted a report on the question whether the two tanks, namely, the Peruru 
~ 
and Avila/a or either of them could be utilized for water harvesting-
Environment and need for housing-Competing claims of-Aqjudicating/ · 
, 
? 
reconciling of-Held: The responsibility of the State to protect the environment 
is now a we/I-accepted notion-Intention for development would not be enough 
to sanction the destruction of local ecological resources-However, shelter is E 
one of the basic human needs just next to food and clothing-Tank is a 
communityproperty and the State authorities are trustees to hold and manage 
such-properties for the benefits of the community--Base.d on the findings of 
the Committee of experts directions in respect of Peruru and Avila/a tanks 
issued. 
F 
-I 
Doctrines: 
I 
Doctrine of Public Trust-Explained. 
The appellants filed two writ petitions before the High Court 
challenging the Government Orders passed by the Government of Andhra G 
Pradesh by which the District Collector was directed to hand over the tank 
bed areas of Avilala and Peruru tanks to Tirumala Tirupathi Devasthanam 
l 
(TTD) and to A.P. Housing Board. 
i I 
The main grievances of the appellants were systematic destruction 
419 
H 
420 
SUPREME COURT REPORTS 
[2006) 2 S.C.R. 
A of percolation, irrigation and drinking water tanks in Tirupathi Town, 
namely, Avilala and Peruru Tank a11d alienation of the Avilala Tank bed 
land to Tirupathi Urban Development Authority (TUDA) and A.P. 
Housing Board and Peruru Tank bed land to TTD for housing purposes. 
The High Court dismissed the writ petitions. Hence the appeal. 
B 
The Government of India was directed by this Court to constitute a 
c 
D 
E 
F 
committee of experts for the purpose uif submitting a report on the question 
whether the two tanks, namely, the Peruru and Avilala or either of them 
could be utilized for water harvesting. Pursuant to this the Committee 
submitted its report. 
The following questions arose before this Court :-
(I) Whether the Urban Development could be given primacy over 
and above the need to protect the environment and valuable fresh water 
resources? 
(2) Whether the action of the A.P. State in issuing the impugned 
Government Orders could be permitt1:d in derogation of Articles 14 and 
21 of the Constitution of India as also the Directive Principles of State 
Policy and fundamental duties enshrined in the Constitution of India? 
(3) Whether the need for sustainable development can be ignored, 
done away with and cause harm to the environment in the name of urban 
development? 
(4) Whether there are any competing public interests and if so how 
the conflict is to be adjudicated/reconciled? 
Disposing of the appeal, the Cout1 
HELD: I. I. The responsibility of the State to protect the environment 
is now a well-accepted notion in all wuntries. It is this notion that, 
international law, gave rise to the principle of "state responsibility" for 
G pollution emanating within one's own territories. (448-F) 
M.C. Mehta v. Kamal Nath, [1997) 1 SCC 388, referred to. 
i 
. 
' 
Corfu Channel Case, !CJ Reporrs (1949) 4 and United Nations 
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Conference on the Human Environment, Stockholm 1972 (Stockholm 
H Convention), referred to. 
r 
INTELLECTUALS FORUM, TIRUPA THI 1·.STA TE OF A.P. 
421 
1.2. Thus, there is no doubt about the fact that there is a A 
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responsibility bestowed upon 'the Government to protect and preserve the 
I 
tanks, which are an important part of the environment of the area. 
(448-H; 449-AI 
2. The debate .. between the developmental and economic needs and 
that of the environment is an enduring one, since if environment is B 
destroyed for any purpose without a compelling developmental cause, it 
.., 
will most probably run foul of the executive and judicial safeguards . 
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