VidhiSangh

Supreme Court of India · 05/11/2019

TATA HOUSING DEVELOPMENT COMPANY LTD versus AALOK JAGGA AND OTHERS

[2019] 13 S.C.R. 577 · 2019 INSC 1203

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Summary

The developer challenged invalidation of clearances for the proposed CAMELOT high-rise housing project near Sukhna Wildlife Sanctuary. Given its extremely close location, ecological setting and the State’s failure to protect the sanctuary’s surroundings, the Court rejected the project and quashed the entire clearance exercise, applying the public trust doctrine and constitutional environmental duties.

Issues

  1. Whether the proposed high-rise project could proceed only 123 metres from Sukhna Wildlife Sanctuary.
  2. Whether the State’s proposed 100-metre buffer and the clearance process discharged its environmental duties.

Provisions considered

Held

Result

Appeals dismissed. The proposed project was not permitted at the site and the entire exercise of obtaining its clearances was quashed.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 577.