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
- Whether the proposed high-rise project could proceed only 123 metres from Sukhna Wildlife Sanctuary.
- Whether the State’s proposed 100-metre buffer and the clearance process discharged its environmental duties.
Provisions considered
- Articles 48A and 51A(g), Constitution of IndiaApplied the State’s duty to safeguard forests and wildlife and citizens’ duty to protect the environment in evaluating the project and regulatory inaction. (¶¶ 27, 28, 36, 37)
Held
- The proposed 100-metre buffer sent by Punjab had not been accepted; the Ministry required a revised proposal for at least one kilometre. Protection on the Chandigarh side extended substantially farther. Punjab could not justify the project by relying on its unaccepted proposal. (¶¶ 21, 23, 24, 37)
- Sustainable development, environmental protection and the public trust doctrine require effective safeguarding of fragile ecological resources. Courts must ensure enforcement when authorities fail to fulfil their constitutional and statutory duties. (¶¶ 27, 28, 29, 30, 31, 32, 34, 35)
- A high-rise project at the proved distance of 123 metres on the northern side and 183 metres on the eastern side could not be permitted in this setting. The State failed its public trust obligations; the involvement of 95 MLA beneficiaries and the clearance exercise disclosed arbitrariness. (¶¶ 36, 37)
- The entire exercise of obtaining project clearances was quashed. The result went beyond permitting the developer merely to seek another clearance for the same project at this location. (¶ 37)
Result
Appeals dismissed. The proposed project was not permitted at the site and the entire exercise of obtaining its clearances was quashed.