VidhiSangh

Supreme Court of India · 12/01/2022

PRAGNESH SHAH versus DR. ARUN KUMAR SHARMA & ORS.

[2022] 8 S.C.R. 154 · 2022 INSC 47

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Summary

The Court upheld directions requiring Mount Abu’s Zonal Master Plan 2030 to conform to the 2009 Eco-sensitive Zone Notification, including the prohibition on construction on the appellant’s site. Assessing the plan against that statutory environmental notification lay within the National Green Tribunal’s jurisdiction. The final expert report supplied site-specific ecological reasons and showed material differences from sites cleared for construction. The precautionary principle required preventive action despite incomplete scientific certainty; the appellant’s reliance on an internal draft report did not displace the final assessment.

Issues

  1. Whether the NGT could test and require amendment of the zonal plan for conformity with the statutory Eco-sensitive Zone Notification.
  2. Whether the expert assessment discriminated against the appellant or lacked justification under the precautionary principle.

Provisions considered

Held

Result

Appeals dismissed; NGT directions to modify ZMP 2030 and prohibit construction on the appellant’s land upheld.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 154.