Summary
The National Green Tribunal summarily dismissed objections to allotment of village ponds for industrial development because a larger replacement waterbody was proposed. The Supreme Court held that replacement elsewhere could not justify destruction of existing commons: ecological functions, groundwater recharge and community access could not be reduced to surface-area comparisons. It quashed the village waterbody allotments and ordered restoration and protection.
Issues
- Whether the State could alienate common waterbodies for industrial use by providing larger alternatives elsewhere.
- Whether the Tribunal properly dismissed the challenge on that basis.
Held
- Revenue records and uncontroverted photographs established the ponds’ character. Vesting in the State under a later revenue law did not extinguish established community rights or change the land’s nature. (¶¶ 12, 13)
- The industrial-project exception asserted under the 2016 Government Order did not fall within the narrow public-purpose exceptions recognised for village commons. No basis for retrospective application to the 2012 transfer or extraordinary circumstances was shown. (¶¶ 12, 15, 16, 17)
- Destruction of existing waterbodies cannot be justified by larger artificial alternatives which may not replace ecological functions or community access. Such schemes violate constitutional environmental principles. (¶¶ 18, 19, 20, 21, 22)
Result
Appeal allowed and the Tribunal’s order set aside. All allotments of ponds and canals in village Saini to the industrial respondent or similar third parties were quashed. Respondents 1–5 were directed to restore, maintain and protect those waterbodies and remove catchment obstructions within three months.