Supreme Court Digest of Recent Cases
(2006) 6 SCC 543

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



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