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Supreme Court of India 2019-11-25 allowed

Jitendra Singh vs Ministry of Environment & Ors

Bench: 2 — Arun Mishra, Deepankar Dutta

In Brief

Jitendra Singh challenged the government's allotment of local ponds to a private industrial company without environmental clearance. The Supreme Court held that such schemes violate constitutional protections of the right to life and environmental duty, even when alternatives are offered. The Court found that a Government Order protecting common water-bodies cannot be applied retrospectively to validate prior alienation, and exceptions carved for 'huge projects' lack constitutional foundation. The appeal was allowed, with the Court striking down provisions permitting the extinguishment of local water-bodies as unconstitutional.

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Constitutional Law Environmental Law Land and Property Rights Administrative Law Natural Resources Environmental Clearance

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