JITENDRA SINGH versus MINISTRY OF ENVIRONMENT & ORS.

JITENDRA SINGH versus MINISTRY OF ENVIRONMENT & ORS.

The State cannot alienate village ponds and other water bodies for industrial use merely by providing alternatives, as this violates constitutional principles and community rights. The scheme allowing such destruction, as provided by the 2016 Government Order, cannot operate retrospectively and lacks justification of 'extraordinary circumstances'. Protection of commons is integral to constitutional obligations under Articles 21, 48-A and 51-A(g).

Parties
Appellant: Jitendra Singh; Respondents: Ministry of Environment & Ors.; Respondent: Greater Noida Industrial Development Authority (GNIDA); Respondent: M/s Sharp Enterprises Pvt. Ltd.
Jurisdiction
India
Judgment Date
25 November 2019
Procedural Posture
Civil Appeal / Appeal From National Green Tribunal Order
Outcome
appeal allowed
Legal Topics
Protection of Commons, Water Bodies, Article 21, Article 48 a, Article 51 A(g)
Environmental Law Constitutional Law Protection of Commons Water Bodies Article 21 Article 48 a Article 51 A(g)

Case Brief

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Parties

Jitendra Singh

Appellant

Ministry of Environment & Ors.

Respondents

Greater Noida Industrial Development Authority (GNIDA)

Respondent

M/s Sharp Enterprises Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From National Green Tribunal Order

Legal Issues

  1. 1 Whether the State can alienate common water-bodies for industrial activities under the guise of providing alternatives
  2. 2 Whether schemes extinguishing water bodies albeit with alternatives violate constitutional principles

Ratio Decidendi

The State cannot alienate village ponds and other water bodies for industrial use merely by providing alternatives, as this violates constitutional principles and community rights. The scheme allowing such destruction, as provided by the 2016 Government Order, cannot operate retrospectively and lacks justification of 'extraordinary circumstances'. Protection of commons is integral to constitutional obligations under Articles 21, 48-A and 51-A(g).

Court Disposition

appeal allowed

Orders

  • Impugned order of NGT is set aside.
  • Allotment of ponds and canals, including Khasra Nos. 552 and 490 to Respondent No. 6 or third parties, is quashed as illegal.