Constitution of India
Arts. 21, 48-A, 51-A(g) <169>Life<170> Meaning and scope Rights covered Ecological balance, Maintenance of Natural resources, Conservation of Water bodies/resources Artificial tanks Preservation of Right to Entitlement to Held, though natural water storage resources must be protected and restored if fallen in disuse, this principle cannot be applied in relation to artificial tanks Tank in question not a natural one Only rain water could be collected in it It was in a dilapidated condition for a long time and had been used as a dumping yard and sewage collection pond No shortage of water in village where said tank existed Held, it was not a case where resurrection of said tank should be directed However, direction made to State and Gram Panchayat to see that other tanks in or around the village were properly maintained, there was no water shortage and ecology was preserved, (2006) 6 SCC 543-A
Environment Protection and Pollution Control
Sustainable development
Doctrine of Implementation of Held, said doctrine although is not an empty slogan, it is required to be implemented taking a pragmatic view and not on ipse dixit of the court, (2006) 6 SCC 543-B
Environment Protection and Pollution Control
Public trust doctrine
Held, alienation of the property held as a public trust is not necessarily prohibited in Intellectuals Forum case However, emphasis had been made therein for a high degree of judicial scrutiny in such cases, (2006) 6 SCC 543-C
|