VidhiSangh

Supreme Court of India · 25/11/2019

JITENDRA SINGH versus MINISTRY OF ENVIRONMENT & ORS.

[2019] 14 S.C.R. 220 · 2019 INSC 1280

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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

  1. Whether the State could alienate common waterbodies for industrial use by providing larger alternatives elsewhere.
  2. Whether the Tribunal properly dismissed the challenge on that basis.

Held

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.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 220.