ASSOCIATION FOR ENVIRONMENT PROTECTION versus STATE OF KERALA AND OTHERS

ASSOCIATION FOR ENVIRONMENT PROTECTION versus STATE OF KERALA AND OTHERS

The execution of the project, including construction of restaurant, was ex facie contrary to the mandate of G.O. dated 13.1.1978, which was issued by the State Government in discharge of its Constitutional obligation under Article 48-A. The failure to refer the project to the Environmental Planning and Co-ordination Committee resulted in violation of the fundamental right to life under Article 21. The respondents' actions violated both statutory and constitutional requirements for environmental protection.

Parties
Appellant: Association for Environment Protection; Respondents: State of Kerala and Others
Jurisdiction
India
Judgment Date
02 July 2013
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 21.03.2006 of the High Court of Kerala at Ernakulam in W.p. (c) No. 436 of 2006
Outcome
Appeal allowed
Legal Topics
Protection of Environment, Public Trust Doctrine, State Obligations Under Constitution, Project Approval and Environmental Clearance
Constitutional Law Environmental Law Protection of Environment Public Trust Doctrine State Obligations Under Constitution Project Approval and Environmental Clearance

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Parties

Association for Environment Protection

Appellant

State of Kerala and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 21.03.2006 of the High Court of Kerala at Ernakulam in W.p. (c) No. 436 of 2006

Legal Issues

  1. 1 Whether the construction of a restaurant on the bank of the Periyar river is contrary to the constitutional mandate and government order regarding environmental protection
  2. 2 Whether failure to refer the project to the Environmental Planning and Co-ordination Committee violated statutory and constitutional duties

Ratio Decidendi

The execution of the project, including construction of restaurant, was ex facie contrary to the mandate of G.O. dated 13.1.1978, which was issued by the State Government in discharge of its Constitutional obligation under Article 48-A. The failure to refer the project to the Environmental Planning and Co-ordination Committee resulted in violation of the fundamental right to life under Article 21. The respondents' actions violated both statutory and constitutional requirements for environmental protection.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court set aside
  • Respondents directed to demolish the structure raised for establishing a restaurant as part of renovation and beautification of Manalpuram Park at Aluva