LexM.K BALAKRISHNAN & OTHERS versus UNION OF INDIA & OTHERS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B [2009] 4 S.C.R 1190 M.K BALAKRISHNAN & OTHERS v UNION OF INDIA & OTHERS Writ Petition(C) No. 230 of 2001 MARCH 26, 2009 [MARKANDEY KAT JU AND B. SUDERHSAN REDDY, JJ] ENVIRONMENTAL LAW: c Preservation of environment and maintaining the ecology - protection of wet land - Need to maintain water conservation bodies such as ponds, tanks, small lakes etc., emphasized - Notice Issued to newly added States - Notice a/so issued to Secretary, Ministry of Science and Technology, D Union of India to file counter affidavit stating as to what measures are being taken to solve water shortage problem in the country and for implementing the recommendations made by the Court in State of Orissa vs. Government of /ndia 1 . Hinch Lal Tiwari vs. Kamala Devi AIR SC 3215 - referred E to. Case Law Reference AIR 2001 SC 3215 referred to para 9 F CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No(s). 230 of 2001 [UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA] Gopal Sankaranarayanan, Radhakrishna Kumar, G Parmanand Pandey, Naresh Kumar, for the Appellants. Manish Singhvi, Manjit Singh, and Shail Kumar Dwivedi, 1 2009 ( 1) SCR 992 = JT 2009 (2) SC 233 H 1190 M.K. BALAKRISHNAN & OTHERS V UNION OF INDIA & OTHERS 1191 AAGs, R. Shunmugh Sundram, R. Shunmugasundaram. S.R. A Singh, T.S.Doabia, Anuvrat Sharma,Alka Sinha, Sunita Sharma, B.V Balaram Das, Riku Sarma, (for M/s Corporate Law Group), Avijit Bhattacharjee, Saumya Kundu, Kamini Jaiswal, Pinky Behera. Hemantika Wahi, Radha Shyam Jena, Naresh K. Sharma, Aruna Mathur, Vimal Dubay, Arputham Aruna & Co.. B Khwairakpam Nobin Singh, Sangitaa Singh, Manish Kumar, Gopal Singh, B.S.Banthia, Milind Kumar, R.S.Suri, Ranjan Mukherjee, Sunita Hazarika, R.Ayyam Perumal, Anil Shrivastav, K.N.Madhusoodhanan, M.K.Michael, R. Nedumaran, V.G.Pragasam, S.J.Aristotle, Prabu Rama Subramanian, C P.V.Dinesh, Sindhu T.P., Tabrez Ahmad, Anis Suhrawardy, Anil Kumar Jha, Sanjay R.Hegde, A.Rohen Singh, Edward Belho, Rituraj Biswas, P.Athuimei R. Naga, A.Subhashini, Manoj Saxena, Rajnish K. Singh, Rahul Shukla, Sanjay V.Kharde, Asha G.Nair, T.Harish Kumar, Harikesh Singh, Kamal Mohan Gupta, D for the Respondents. The following Order of the Court was delivered Heard learned counsel for the parties. E Pursuant to this Court's order dated 26th February, 2009, • the Chief Secretaries, State of Haryana and Uttar Pradesh are personally present in the Court. Their personal presence is dispensed with unless directed in future. F The present Writ Petition under Article 32 of the Constitituion of India relates to conservation of wet lands which in our opinion would include ponds, tanks, canals, creeks, water channels, reservoirs, rivers, streams and lakes. Although, the ~ writ petition as framed related to protection of wetlands in the G country for preservation of the environment and maintaining the ecology, we have suo motu expanded its scope as mentioned below. There is acute shortage of water in our country and one of H 1192 SUPREME COURT REPORTS [2009] 4 S.C.R. A the main reasons for that is that most of the water conservation bodies in our country such as ponds, tanks. small lakes etc. have been filled up in recent times by some greedy persons and such persons have constructed buildings, shops etc. on the same. B Our ancestors were wise people who realised that because of droughts or some other reasons there may be shortage of water in future and hence they made the provision of a pond near every village, tanks in or near temples. etc .. The whole idea behind this was that whenever there is a shortage of water due C to drought etc., people may not suffer and they may use the water available in ponds, tanks etc. Unfortunately, people have forgotten the wisdom of our ancestors and that is why some greedy people for their personal interest and to make money have filled up most of these ponds, tanks etc. and have D constructed buildings thereon with the result that in most parts of India, there is a terrible water shortage and people are suffering terribly, particularly, in the summer season both in rural and urban areas. When water is not available, people come to the streets and there are chakka jams (road blocks), riots etc. E to awaken the government authorities to take some measures to make available the necessity of life to the general public called water. F In many cities, in many colonies, people get water for
Excerpt shown. Read the full judgment & AI analysis in Lexace.