M.C. MEHTA versus UNION OF INDIA AND ORS.

M.C. MEHTA versus UNION OF INDIA AND ORS.

The precautionary principle and sustainable development require the restriction of construction within designated green belt and up to one km radius surrounding Badkhal Lake and Surajkund to prevent environmental degradation and protect the ecological balance; State and statutory authorities are obligated by law to anticipate, prevent, and attack causes of environmental harm. Permission of development schemes and constructions is subject to environmental clearance and prior approval of the specified authorities.

Parties
Petitioner: M.C. Mehta; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
11 October 1996
Procedural Posture
Writ Petition (civil) / Interlocutory Application (i.a. 29) and Final Order
Outcome
Petition disposed of.
Legal Topics
Environment Protection, Precautionary Principle, Control of Pollution, Sustainable Development, Green Belt, Construction Restriction
Environmental Law Constitutional Law Environment Protection Precautionary Principle Control of Pollution Sustainable Development Green Belt Construction Restriction

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Parties

M.C. Mehta

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Interlocutory Application (i.a. 29) and Final Order

Legal Issues

  1. 1 Whether construction should be restricted around Badkhal Lake and Surajkund to protect environment and control pollution.
  2. 2 Clarification of previous Supreme Court directions regarding green belts and construction within 5 km radius of Badkhal Lake and Surajkund.
  3. 3 Applicability of 'precautionary principle' and sustainable development as features of Indian environmental law.

Ratio Decidendi

The precautionary principle and sustainable development require the restriction of construction within designated green belt and up to one km radius surrounding Badkhal Lake and Surajkund to prevent environmental degradation and protect the ecological balance; State and statutory authorities are obligated by law to anticipate, prevent, and attack causes of environmental harm. Permission of development schemes and constructions is subject to environmental clearance and prior approval of the specified authorities.

Court Disposition

Petition disposed of.

Orders

  • No construction permitted within green belt areas as shown in Ex. A and B, except with prior approval for recreational/tourism purposes.
  • No construction permitted outside green belt up to one km radius from Badkhal Lake and Surajkund, except on plots sold/allotted before May 10, 1996 or for personal residential use with restriction to two and a half storeys; prior clearance required.