Call Us: US - +1 845 478 5244 | UK - +44 20 7193 7850 | AUS - +61 2 8005 4826

Indian judiciary

Indian judiciary has demonstrated exemplary activism to implement the mandate of sustainable development. In the past, Indian courts did not refer expressly to sustainable development but implicitly gave effect to it. The Supreme Court has recognized the principle of sustainable development as a basis for balancing ecological imperatives with developmental goals. In Rural Litigation and Entitlement Kendra, Dehradun v. State of U.P., the Supreme Court was faced with the problem of the mining activities in the limestone quarries in Dehradun-Mussoorie area. This was the first case of its kind in the country involving issues relating to environment and ecological balance and brought into sharp focus the conflict between development and conservation. In this case, the Supreme Court emphasized the need for reconciling development and conservation in the larger interest of the

In Kinkri Devi v. State of Himachal Pradesh, the Himachal Pradesh High Court observed that if industrial growth sought to be achieved by reckless mining resulting in loss of life, loss of property, loss of amenities like water supply and creating of ecological imbalance then there may ultimately be no real economic growth and no real development

In People united for Better Living in Calcutta v. State of West Bengal, the Calcutta High Court observed that it is true that in a developing country there shall have to be developments, but that developments must be in harmony with the environment. There has to be a proper balance between the economic growth and environment. So that both can exist without affecting each other.

The Supreme Court in Indian Council for Enviro-legal Actions v. Union of India, recognized polluter pays principle as an integral feature of sustainable development and observed that the remedy and betterment of damaged society is part of the process of sustainable development.