LexM.C. MEHTA versus UNION OF INDIA AND ORS.
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' . M.C. MEHTA A v. UNION OF INDIA AND ORS. OCTOBER 11, 1996 [KULDIP SINGH, N.P. SINGH AND S. SAGHIR AHMED, JJ.] B Environmental Law: Environment Protection Act, 1986 : Prevention of environment and control of pollution---Badkal Lake and C Surajkund tourist spots-Directions of this Court by its order dated 10.5.1996 to maintain green belts around these areas and restrict construction work explained-Further directions given. "Precautionary principle" - Discussed. Constitution of India, 1950 : Articles 14, 21, 27, 48A and 51A-Duty of State to protect and improve the environment-Explained-!'Precautionary principle"-Discussed. Ve/lore Citizens Welfare Fornm v. Union of India & Ors., JT (1996) 7 S.C. 375; Rural Litigation and Entitlement Kendra, Dehradoon v. State of Uttar Pradesh, [1987] 1 SCR 641 and M. C. Mehta v. Union of lndia, [1987] 4 sec 463, referred to. D E CIVIL APPELLATE JURISDICTION : Interlocutory Application, p 29. IN Writ Petition (C) No. 4677 of 1985. (Under Article 32 of the Constitution of India.) G Petitioner-in-person and Ms. Seema Mirdha, Arun Jaitly, Swaraj Kaushal, H.N. Salve, Anil B. Diwan, Gopal Subramanian, N.N. Goswami, .S.B. Sanyal, Ms. Shirla Sethi, D.N. Goburdhan, Ms. Geeta Luthra, M/s. Saharaya & Co., R.K. Maheshwari, R.S. Suri, Ms. Hemantika Wahi, S. H 465 466 SUPREME COURT REPORTS [1996] SUPP. 7 S.C.R. A Sukumaran, R. Karanjawala, Ravindra Narain, Sumeet Kachwaha, Punit Singh, Bimal Ray, Ramji Srinivasan, J. B. Dadachandji, T.C. Sharma, Ms. Sushma Suri, Ranjan Mukherjee, Ramesh Babu, M.R. for the appearing parties. B The following Order of the Court was delivered: This Court by the order dated May 10, 1996 in I.A. 29 [W.P.(C) No. 4677/85] dealt with the question whether - to preserve environment artd control pollution - mining operations should be stopped within the radius of 5 kms. from the tourist resorts of Badkhal lake and Surajkund in the C State of Haryana. The Court gave five directions in the said order. Direc- tion 4 is in the following terms : D "We further direct that no construction of any type shall be per- mitted now onwards within 5 km radius of the Badkhal Lake and Surajkund. All open areas shall be converted into green belts." The Haryana Pollution Control Board (the Board) has notified the ambient Air quality Standards by the notification dated April 11, 1994. The notifica- tion fixes limiting standards of pollution in respect of sensitive areas, industrial areas and residential areas. The standards for sensitive areas are E stringent than the standards prescribed for industrial and residential areas. The Board has recommended that the area of 5 kms. around the periphery of a centre of tourism be notified as "sensitive area". With a view to control pollution and save environment in the vicinity of Badkhal and Surajkun.d, the above quoted direction was issued. F The Municipal Corporation Faridabad, Haryana Urban Develop- ment Authority and builders having interest in the area have approached this Court for modification/clarification of the above quoted direction. It is contended by learned counsel appearing for the parties that in the said area of 5 kms. buildings are under construction, plots have been al- G lotted/sold under various Development-schemes and the plot-holders have even started construction. According to the learned counsel vested rights of several,persons are likely to be adversely affected causing huge financial loss to tllem. Although the direction specifically says "no construction......... now H onwards ......... " and as such the areas which are already under construction r ~ > . i r- M.C. MEHTA v. U.0.1. 467 would obviously be excluded from the direction but in order to allay the A apprehensions of the property-owners in the area, we are of the view that it is necessary to clarify the above direction. ·Mr. Kapil Sibal, appearing for the Municipal Corporation Faridabad has taken lot of pains in having the area surveyed and plans prepared with B a view to find out as to how best the direction of this Court regarding development of 200 mts. green belt at one km. radius all around the boundaries of the two lakes can be implemented. Mr. Sibal and Mr. Harish Salve have placed on record two plans showing the proposed green belts around Badkhal lake and Surajkund. The Plan in respect of Badkhal is marked Ex. A. Along with the Plan the detail of the Khasra Nos. on which C th
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