TATA HOUSING DEVELOPMENT COMPANY LTD versus AALOK JAGGA AND OTHERS

Citation: [2019] 13 S.C.R. 577 · Decided: 05-11-2019 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Dismissed

Cited by 4 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
577
TATA HOUSING DEVELOPMENT COMPANY LTD.
v.
AALOK JAGGA AND OTHERS
(Civil Appeal Nos. 8398–8399 of 2019)
NOVEMBER 05, 2019
[ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.]
Environment Laws:
Environment (Protection) Act, 1986 – Environment (Protection)
Rules, 1996 – Housing project – Environment clearance – Housing
project coming up within the catchment area of Sukhna Lake and
at a short distance of 123 meters from Sukhna Wildlife Sanctuary –
Challenge to – Held: Considering the distance of 123 meters from
the Northern side and 183 meters from the Eastern side of the project
from wildlife sanctuary, such project cannot be allowed to come up
in the area – Origination of the project indicates that State of Punjab
failed to act in furtherance of Doctrine of Public Trust as 95 MLAs
were to be the recipients of the flats – Government permitted setting
up of high–rise buildings up to 92 meters in the area which was not
at all permissible – Moreso, in view of the Notification issued with
respect to the Sukhna wildlife sanctuary towards the side of
Chandigarh Union Territory that no new commercial construction
of any kind shall be permitted within 0.5 km from the boundary of
protected area or up to the boundary of the eco–sensitive zone and
also the fact that proposal made by the Punjab Government,
confining the Buffer Zone to 100 meters, was rightly not accepted
by MoEF, the Government of Punjab as well as MoEF, cannot be
the final arbiter in the matter – Court has to perform its duty in
such a scenario when the authorities have failed to protect the
wildlife sanctuary eco–sensitive zone – Thus, the entire exercise of
obtaining clearance relating to the project quashed – Doctrine of
Public Trust.
Environment: Environmental degradation and wildlife
degeneration – Need for protection and preservation of environment,
safeguarding forest and wildlife – Development and urbanization
adversely affects our natural surroundings – Constitution of
India – Arts. 48(A), 51(A).
   [2019] 13 S.C.R. 577
577
A
B
C
D
E
F
G
H
578
SUPREME COURT REPORTS
[2019] 13 S.C.R.
Dismissing the appeals, the Court
HELD: 1.1 Proposal, which was sent by the Government of
Punjab to the MoEF, to keep the Buffer Zone within 100 meters
from Sukhna Wildlife Sanctuary, had not been accepted and the
direction was issued to resubmit the proposal for at least 1 km
Buffer Zone has not been forwarded by State of Punjab. It was
incumbent upon the State of Punjab to send a proposal to the
MoEF, as required but it appears that it has not chosen to do so
for a reason precious project concerning the MLAs is involved,
and MoEF has not accepted its proposal for keeping Buffer Zone
to 100 meters. It has also been pointed out from the respondent
side that Naya Gaon forms part of the Greater Mohali Region in
the State of Punjab. In the statutory, Greater Mohali Area
Development Authority, Regional Plan for Greater Mohali Region
in paragraph 14.3.1, it has been mentioned that no development
is possible within 5 kms buffer distance from existing forest i.e.,
Sukhna Wildlife Sanctuary. Thus, apart from Shivalik there are
several pockets of forests distributed all over the Greater Mohali
Region. These have to be conserved, and the buffer zone
recommended should be protected against urban development.
It is also clear that 2–2.75 km area has been ordered as eco–
sensitive zone by the MoEF and the notification dated 18.1.2017
has been issued as to the adjacent area towards Chandigarh side
of the Sukhna Wildlife Sanctuary. [Para 21, 23, 24] [591-F-G;
593-D-F]
1.4 The most potent threat faced by the earth and human
civilization as a whole which is confronted with, today, is
environmental degradation and wildlife degeneration. The need
to protect flora and fauna which constitutes a major portion of
our ecosystem is immediate. Development and urbanization
coming at the cost of adversely affecting our natural surroundings
will in turn impact and be the cause of human devastation as was
seen in the 2013 floods in Uttarakhand and in 2018 in Kerala.
The climate change is impacting wildlife by disrupting the timing
of natural events. With warmer temperatures, flowering plants
are blooming earlier in the year and migratory birds are returning
from their wintering grounds earlier in the spring. Wildlife
conservation in India has a long history, dating back to the colonial
A
B
C
D
E
F
G
H
579
period when it was rather very restrictive to only targeted species
and that too in a defi

Excerpt shown. Read the full judgment & AI analysis in Lexace.