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Supreme Court of India 2019-11-05 dismissed

TATA HOUSING DEVELOPMENT COMPANY LIMITED vs AALOK JAGGA

Bench: 3 — Arun Mishra, Vineet Saran, M.R. Shah

In Brief

Tata Housing sought to develop a residential project called "Camelot" on 52.66 acres in Punjab, approximately 123 meters from Sukhna Wildlife Sanctuary and within its catchment area. The State Level Environment Impact Assessment Authority (SEIAA) had granted environmental clearance. The Supreme Court upheld the High Court's decision quashing the project, holding that housing activities cannot be permitted within such proximity to a wildlife sanctuary. The Court found the State of Punjab's proposal to limit the buffer zone to 100 meters was rightly rejected by the Ministry of Environment and Forests. The Court emphasized that when authorities fail to protect eco-sensitive zones, courts must intervene to uphold the public trust doctrine and constitutional duties to protect environment and wildlife, and dismissed the appeal with complete cancellation of all clearances.

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Environmental Law Wildlife Protection Constitutional Law Public Trust Doctrine Urban Development Real Estate

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