Environment Laws:
Environment (Protection) Act, 1986 – Environment (Protection)
Rules, 1996 – Housing project – Environment clearance – Housing
project coming up within the catchment area of Sukhna Lake and
at a short distance of 123 meters from Sukhna Wildlife Sanctuary –
Challenge to – Held: Considering the distance of 123 meters from
the Northern side and 183 meters from the Eastern side of the project
from wildlife sanctuary, such project cannot be allowed to come up
in the area – Origination of the project indicates that State of Punjab
failed to act in furtherance of Doctrine of Public Trust as 95 MLAs
were to be the recipients of the flats – Government permitted setting
up of high–rise buildings up to 92 meters in the area which was not
at all permissible – Moreso, in view of the Notification issued with
respect to the Sukhna wildlife sanctuary towards the side of
Chandigarh Union Territory that no new commercial construction
of any kind shall be permitted within 0.5 km from the boundary of
protected area or up to the boundary of the eco–sensitive zone and
also the fact that proposal made by the Punjab Government,
confining the Buffer Zone to 100 meters, was rightly not accepted
by MoEF, the Government of Punjab as well as MoEF, cannot be
the final arbiter in the matter – Court has to perform its duty in
such a scenario when the authorities have failed to protect the
wildlife sanctuary eco–sensitive zone – Thus, the entire exercise of
obtaining clearance relating to the project quashed – Doctrine of
Public Trust.
Environment: Environmental degradation and wildlife
degeneration – Need for protection and preservation of environment,
safeguarding forest and wildlife – Development and urbanization
adversely affects our natural surroundings – Constitution of
India – Arts. 48(A), 51(A).