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Sustainable Development

The document is a project submission on sustainable development by a law student named Yasharth Kant Srivastava. It contains: 1) An introduction defining sustainable development and its three pillars of environmental, economic, and socio-political sustainability. 2) A brief history of sustainable development covering key UN conferences and reports from the 1970s to 2000s that helped establish and promote the concept. 3) An overview of sustainable development efforts in India including the National Conservation Strategy of 1990 and implementation of programs and projects. 4) Descriptions of the precautionary and polluter pays principles related to environmental law. 5) An explanation of mechanisms for assessing sustainable development like environmental impact assessments and
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0% found this document useful (0 votes)
6K views17 pages

Sustainable Development

The document is a project submission on sustainable development by a law student named Yasharth Kant Srivastava. It contains: 1) An introduction defining sustainable development and its three pillars of environmental, economic, and socio-political sustainability. 2) A brief history of sustainable development covering key UN conferences and reports from the 1970s to 2000s that helped establish and promote the concept. 3) An overview of sustainable development efforts in India including the National Conservation Strategy of 1990 and implementation of programs and projects. 4) Descriptions of the precautionary and polluter pays principles related to environmental law. 5) An explanation of mechanisms for assessing sustainable development like environmental impact assessments and
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© Attribution Non-Commercial (BY-NC)
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SUBMITTED TO: -MR ATUL KUMAR TIWARI, FACULTY OF LAW

SUSTAINABLE
DEVELOPMENT
Environment Law Project

Submitted by: - Yasharth Kant


Srivastava
Roll No: - 154
Semester VI
Section B
Dr Ram Manohar Lohiya National Law
University
SUSTAINABLE DEVELOPMENT
TABLE OF CONTENTS

1. Definition…………………………………………………………………Page 2
2. History of Sustainable Development……………………………………Page 2
3. Sustainable Development in India………………………………………Page 3
4. Precautionary Principle………………………………………………….Page 4
5. Polluter Pays Principle……………………………………………………Page 4
6. Mechanism for assessment of sustainable development………………..Page 5
7. Sustainable Development as part of our Constitution………………….Page 6
8. Judicial Approach………………………………………………………...Page 8
9. Conclusion………………………………………………………………...Page 12
10. Bibliography………………………………………………………………Page 14

2|Page
SUSTAINABLE DEVELOPMENT
DEFINITION

Sustainable Development is a process in which development can be sustained for


generations. It means improving the quality of human life while at the same time living in
harmony with nature and maintaining the carrying capacity of the life supporting
ecosystem. Development means increasing the society’s ability to meet human needs.
Economic growth is an important component but cannot be a goal itself. The real aim
must be to improve the quality of human existence to ensure people to enjoy long, healthy
and fulfilling life.

Brundtland Commission puts it as development that “meets


“meets the needs of the present
without compromising the ability of future generations to meet their own needs.”
needs.” The
field of sustainable development can be conceptually broken into three constituent parts:
parts:

(i) environmental sustainability,


(ii) economic sustainability and
(iii) socio-political
socio-political sustainability.

HISTORY OF SUSTAINABLE DEVELOPMENT

The sustainability idea emerged in a series of meetings and reports during the 1970s and
1980s, besides there is a timeline of some important sustainable development events in
the United Nations, the Government of Canada and Human Resources Development
Canada.

 In 1972, the UN Stockholm Conference on the Human Environment marked the


first great international meeting on how human activities were harming the
environment and putting humans at risk.
 The 1980 World Conservation Strategy, prepared by the International Union for
the Conservation of Nature along with the UN Environment Program and the
World Wildlife Fund, promoted the idea of environmental protection in the self-
interest of the human species.

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SUSTAINABLE DEVELOPMENT
 In 1987, the UN-sponsored Brundtland Commission released Our Common
Future,
Future, a report that captured widespread concerns about the environment and
poverty in many parts of the world. The Brundtland report said that economic
development cannot stop, but it must change course to fit within the planet's
ecological limits. It also popularized the term sustainable development.

 World attention on sustainability peaked at the 1992 UN Conference on


Environment and Development, in Rio de Janeiro. It brought together the 179
nations and included the Earth Summit, the largest-ever meeting of world leaders.
Rio produced two international agreements, two statements of principles and a
major action agenda on worldwide sustainable development.1

 In the year 2002, that is ten years after the Earth Summit in Rio, the World
Summit for Sustainable Development was held in Johannesburg. Here Canada
submitted a document reflecting the progress of all federal departments.

SUSTAINABLE DEVELOPMENT IN INDIA

Although India has traditional institutions, practicing Sustainable Development, the Rio
Summit 1992 and WSSD 2002 commitments have changed our policy and plan. To
achieve sustainable development, the National Conservation Strategy (NCS) formulated
in 1990 has six primary principles. They are - (i) Stabilization of population growth; (ii)
Integrated land use and water management; (iii) Conservation of biological diversity; (iv)
Sustainable energy and resource utilization; (v) Pollution control; and (vi) Improvement
of human habitats.

Followed by NCS, Environmental Action Program (EAP) and National Forestry Action
Plan (NFAP) were formulated towards the objective of Sustainable Development of
India. Three important government contributions to environment and sustainable
development over the past one and half decades are summarized below:

• Establishment of basic infrastructure and institutions at Central and State levels;


1
http://www.sustreport.org/background/history.html

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SUSTAINABLE DEVELOPMENT
• Formulation and enforcement of policy and legal instruments. Example:
Conservation Strategy, Amendment of outdated Acts or Enactment of
comprehensive new ones like the Forest Conservation Act and the Environment
(Protection) Act; and
• Implementation of programs and projects for SD.

During the late 1970s and early 1980s, many people argued that development must take
priority over environmental concerns and that environment was an elitist concern --
meant only for the rich. In 1982, the first citizens’ report on the State of India’s
Environment,
Environment, which Agarwal conceptualised and edited, provided the social rationale for
developing countries to take environmental concerns into account. It resolved the
environment vs. development debate globally and finally evolved into the concept of
‘sustainable development’ in the Brundtland Commission report.

The interest in sustainability that flourished during that period was spurred by a series of
incidents and discoveries, including the leak of poisonous gas from a chemical plant at
Bhopal, India, the explosion and radioactive release from Chernobyl, Ukraine, the hole in
the Antarctic ozone layer, leaking toxic chemical dumps, such as Love Canal, general
fears about chemical contamination and conflicts over decreasing natural resources such
as forests and fisheries.2

PRECAUTIONARY PRINCIPLE

The principles states that the Government and the statutory bodies must take
environmental measures to anticipate prevent and attack the causes of environmental
degradation. Where there are threats of serious and irreversible damage, lack of scientific
certainty should not be used as a reason for postponing measures to prevent
environmental degradation. In these circumstances the ‘onus of proof’ is on the actor or
the developer/industrialist to show that his action is environmentally benign.3

POLLUTER PAYS PRINCIPLE


2
http://www.sustreport.org/background/history.html
3
MC Mehta vs. Union of India, AIR 1997 SC 734

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SUSTAINABLE DEVELOPMENT
Polluter Pays Principle (PPP) has been developed by the Organisation of Economic
Cooperation and Development (OECD) as one of the principles for allocation of
entitlements. The principle basically means that the producer of goods or other items
should be responsible for the costs of preventing or dealing with pollution which the
process causes. This includes environmental costs as well as the direct costs to property
or people. PPP finds a prominent place in the Rio Declaration of 1992. Principle 16 of the
Declaration proclaims that national authorities should endeavour to promote the
internalisation of environmental costs and the use of economic instruments, taking into
account the approach that the polluter should, in principle, bear the cost of pollution, with
due regard to the public interest and without distorting international trade and
investment.4 As per this principle once the activity carried on any person or industry is
hazardous or inherently dangerous, the person carrying on such activity is liable to make
good the loss caused to any other person by his activity irrespective of the fact whether he
took reasonable care while carrying on his activity.5 Thus the purpose of “Sustainable
“Sustainable
development”
development” is to ensure that the developmental activities must be carried on but at the
same time if they adversely affect the environment or the ecology in any manner then the
consequence is the polluting industries are absolutely liable to compensate for the harm
caused by them to people in the affected area, to the soil and to the underground water
and hence, they are bound to take all necessary measures to remove sludge and other
pollutants lying in the affected areas.6

MECHANISM FOR ASSESSMENT OF SUSTAINABLE


DEVELOPMENT

ENVIRONMENT IMPACT ASSESTMENT

Environment Impact Assessment (EIA) is a technique to ensure that the likely effects of
development activity on the environment will be taken into consideration before the
development activity is authorised to proceed.

4
Gurdip Singh, Environmental Law in India, (McMillan India Ltd., Delhi, 1st Edn., 2005), pg. 31
5
Enviro-Legal Action v. Union of India, MANU/SC/1112/1996
6
Indian Council for Environ-Legal Action v. Union of India, MANU/SC/1189/1996

6|Page
SUSTAINABLE DEVELOPMENT
ENVIRONMENT AUDIT

Environment audit means self-assessment of the environmental performance of the


developer. It is concept which enables the developers to produce environmental strategies
after reviewing their environmental performance i.e., whether there has been compliance
of legal or fiscal environmental regulations, conformity to developers environmental
policies, what reductions in wastes have been brought about, and what efficiency has
been achieved in the use of energy and the raw material. The precautionary principle is
applicable as a part of the audit system. The continual nature of the concept requires that
developers must draw up annual environment statement which shall be audited by
independent auditors. To implement “precautionary principle” which strengthens the
edges of environmental jurisprudence, environmental audit must be made mandatory at
the international as well as national levels.7

SUSTAINABLE DEVELOPMENT AS PART OF OUR


CONSTITUTION

Judiciary in India has played a pivotal role in interpreting those laws to suit the doctrine
of “Sustainable Development”. Before dealing with the case laws with respect to the
environmental matters as appreciated by the Indian Judiciary we must first look into the
various laws and provisions laid down by the legislatures to protect the environment and
maintain the ecology vis-a-vis promoting the developmental aspects-

ARTICLE 14

Article 14 of the Constitution of India ensures the equality before law and equal
protection of the laws. While awarding the sanction to the industrial projects or granting
license to these units the government must not act arbitrarily thus granting the permission
to them without even considering the environmental impact of these projects and proper
assessment report.8 Right to healthy environment is the legitimate expectation, an aspect
protected under Article 14 of the Constitution of India.
7
Shyam Divan, Armin Rosencranz, Environmental Law and Policy in India, (Oxford University Press,
New Delhi, 5th ed., 2004), pg.43
8
Ramgopal Estates Pvt. Ltd. vs. The State of Tamil Nadu, MANU/TN/7948/2007

7|Page
SUSTAINABLE DEVELOPMENT
ARTICLE 21

As per this article every citizen has the right to life and personal liberty. Slow poisoning
by polluted atmosphere should also be regarded as amounting to violation of article 21 of
Indian constitution.9 In Virender Gaur v. State of Haryana,
Haryana,10 it was observed that article
21 protects right to life as a fundamental right, enjoyment of life including the right to
live human dignity encompasses within its ambit, the protection and preservation of
environment, ecological balance free from pollution of air and water, sanitation, without
life cannot be enjoyed. Environmental pollution therefore should be regarded as
amounting to violative of article 2111 as the right to life includes right to live in pollution
free environment.

ARTICLE 39

This article contemplates that the State shall direct its policy towards securing that the
operation of the economic system does not result in the concentration of wealth and the
means of production to the common detriment.

ARTICLE 47

It refers to the duty of the State to raise the level of nutrition and standard of living and to
improve the public health.

ARTICLE 48A

This article states that the State shall endure to protect and improve the environment. As
laid down in the case of T. Godavarman v. Thirumal Pad, Tamil Nadu,12 there is no
doubt about the fact that there is a responsibility bestowed upon the Government to
protect and preserve the environment, as undoubtedly, hygienic environment is an

9
T. Damodar Rao v. M.C Hyderabad, AIR 1987 AP 171
10
1995 (2) SCC 577
11
Kharag Singh v. State of UP, AIR 1963 SC 1295
12
MANU/SC/1317/2002

8|Page
SUSTAINABLE DEVELOPMENT
integral facet of the right to a healthy life and it would be impossible to live without a
humane and healthy environment.

ARTICLE 51A (G)

This article points the out the obligation of the citizen to protect and improve the natural
environment including forests, lakes, rivers and wildlife, and to have compassion for
living creatures.

THE ENVIRONMENT (PROTECTION) ACT 1986

The Environment Act was enacted under art. 253 of the Constitution of India with the
purpose of environmental protection, regulation of discharge of environmental pollutants
and handling of hazardous substances speedy response in the event of accidents
threatening environment and deterrent punishment to those who endanger human
environment, safety and health.13 Further for the fulfilment of above tasks by exercising
the power conferred under Sections 6 and 25 of the Act, the Environment (Protection)
Rules, 1986 (The Environment Rules) were made by the Central Government.

THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

The Water Act enacted under art. 252 of the Constitution of India provides for the
constitution of the Central Pollution Control Board by the Central Government and the
constitution of the State Pollution Control Boards by various State Governments in the
country.14 The Boards function under the control of the Governments concerned. The
Water Act prohibits the use of streams and wells for disposal of polluting matters. It also
provides for restrictions on outlets and discharge of effluents without obtaining consent
from the Board. Prosecution and penalties have been provided which include sentence of
imprisonment.

13
Research Foundation for Science Technology National Resource Policy v. Union of India,
MANU/SC/1211/2003
14
Research Foundation for Science Technology and Natural Resource Policy vs. Union of India,
2007(11)SCALE75

9|Page
SUSTAINABLE DEVELOPMENT
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

The Air Act enacted under article 253 of the Constitution of India provides that the
Central Pollution Control Board and the State Pollution Control Boards constituted under
the Water Act shall also perform the powers and functions under the Air Act. The main
function of the Boards, under the Air Act, is to improve the quality of the air and to
prevent, control and abate air pollution in the country.

JUDICIAL APPROACH

India.,15 and M.C Mehta v. Union of


In Vellore Citizens Welfare Forum v. Union of India.,
India16it was observed that the balance between environmental protection and
developmental activities could only be maintained by strictly following the principle of
Samiti,17 the Court thus
‘sustainable development.’ In Essar Oil v. Halar Utkarsh Samiti,
interpreted that in order to achieve a more rational management of resources and thus to
improve the environment, States should adopt an integrated and coordinated approach to
their development planning so as to ensure that development is compatible with the need
to protect and improve environment for the benefit of their population. Further in the
above cases the court discussed that these days the concepts of “The Precautionary
Principle” and “The Polluter pays Principle” have become the essential features of
sustainable development as are clear from articles 47, 48A and 51 A (g) of the
Constitution of India and various environmental statutes, such as the Water Act, 1974 and
other statutes, including the Environment (Protection) Act, 1986, these concepts are
already implied.

15
MANU/SC/0686/1996
16
2002 (4) SCC 353
17
MANU/SC/0037/2004

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SUSTAINABLE DEVELOPMENT
18
In the cases of Indian Council of Enviro-Legal Action v.Union of India,
India, and Goa
Ltd.,19 various industries were established illegally
Foundation vs. Diksha Holdings Pvt Ltd.,
in the CRZ notified areas thereby causing serious damage to the environment and ecology
of the coastal areas. It was observed by the Court that the task of the government is not
restricted to framing the laws thus making it as passive tool but implementing it properly
to ensure that the people are provided with the clean and pollution free environment.

Various authorities like National Institution of Oceanography, Vohra Committee, Central


Institute of brackish water Aquaculture are established which from time to time analyse
the coastal areas.

India,20 and Delhi Bottling Co. Pvt. Ltd. v CPCB21 it was


In MC Mehta vs. Union of India,
observed by the Courts that the need of development by the industries and even the
construction of some other plants etc. cannot be denied as the development also come
under the fundamental rights of the Constitution but at the same time balancing in with

18
1996 (5) SCC 281. The issue was as to the establishment of Tourism and Hotel industry near the coastal
area and for this purpose the government was given wide discretionary powers to relax the coastline, it was
observed by the Courts that there was a need of having sustainable development of tourism in coastal areas
which was essential from the point of view of the development and balancing it with the protection and
preservation of the environmental factors and fragile coastal ecology. It was observed by the courts that in
both the cases the establishments of Tourism and Hotel Industry in the relaxed area and construction of
Beach Resorts respectively has caused serious damage to the coastal ecology like there are mangrove
forests that need protection and which stretch to more than 100 meters from the river bank and also the
construction of beach resort destroys the sand dunes which are very important part of the coastal ecology as
they help by protecting the coastal residents from the High tides.
19
(1999)2 Bom CR 550
20
AIR 1988 SC 1115. The issue of pollution of Ganga river water by the trade effluents, sewage and other
waste material coming out from the city Kanpur came up. The Apex Court criticised the efforts taken by the
government. The Court looked into various Environmental laws like Environmental Protection Act, Water
Act and Utter Pradesh Nagar Mahapalika Adhiniyam and criticised the Municipality and Mahapalika that
the legislatures have made enough laws and regulations to protect the environment by controlling the
discharge of the trade and other effluents, by setting up national standards, creating the Pollution Control
Boards under sec 3 and sec 4 of the Water Act for performing all the necessary function under sec 16 and
sec 17 (Water Act) that are required to control and prevent the water pollution and at the same time these
Boards have all the powers to collect the sample (sec 21) and obtain information (sec 22) and look into the
matter and can even take precautionary and preventive measures to prevent any person or industry from
polluting the water pollution.
21
1986 Del 152. In this case the court observed that the petitioner (Delhi Bottling Ltd.) was discharging
trade effluents into the river Yamuna after obtaining the consent of the CPCB under sec 25 and sec 26 of
the Water Act. But a complaint was filed against them under sec 33 (1) by the Board on the ground that the
petitioner industry has neither put up the treatment plan nor has started any preliminary steps in this regard
and even the sample taken by the Board shows that the petitioner was not conforming to the parameters of
the consent orders.

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SUSTAINABLE DEVELOPMENT
the environment is also important to prevent pollution. The concept of sustainable
development does not in all the cases presumes the guilt of the company or industries but
the Board has to adduce the proper evidences.22

Development project like dams, thermal power stations, port, railways etc. have raised
various environmental issues as the construction of big projects generally requires large
lands or area thus affects the people living in the locality, they have a large impact on the
environmental factors like air, water and land (discharge of trade effluents) 23 that is the
reason why when these project are approved by the government they have to pass the EIA
tests24 and various other environmental tests and it is only after such environmental
clearance certificate obtained from the government that any project can be executed as
Ors.25
discussed in the case of N.D. Jayal v. Union of India (UOI) and Ors.

U.P.26, it was held that


In the case of Tehri Bandh Virodhi Sangarsh Samiti v. State of U.P.
hydel projects are very important from the point of view of development. What is to be
seen is that if the environment is likely to suffer, then certain steps may be taken to offset
the same. Merely because there will be a change is no reason to presume that there will be
an ecological disaster.

22
Intellectuals Forum, Tirupathi vs. State of A.P. and Ors., AIR2006SC1350
23
Trade effluents discharged on the lands make then barren and unfertile.
24
But such test are not made mandatory but mere directory.
25
(2004)9SCC362
26
1992 (supp) 1 SCC 44. In this case the issue was raised on the construction of Tehri dam for hydel power
generation constructed at the confluence of the Bhagirathi and Bilangana, close to the Garhwal town of
Tehri. The main issues that were raised in this case was firstly, the petitioners asked the Supreme Court for
directions to conduct further safety tests so as to ensure safety of the dam as it has been urged that structure
of the dam is not safe and its existence increases the seismic vulnerability of the entire Himalayan region
and also it affects the ecology of the entire region. But the court observed that studies related to site specific
assessment of seismicity, testing of fill materials for determining dynamic properties and detailed dynamic
analysis, were carried out independently by two agencies; that they are the Department of Earthquake
Engineering, University of Roorkee, and Hydro Project Institute (HPI), Moscow; that the result of their
studies indicated that earth and rock fill type dams as chosen for Tehri are the safest man-made structures in
earthquake prone zones due to their large inertia, high damping and high flexibility, thus Tehri Dam is a
fail-safe structure and the design has been found safe against the worst earthquake scenario of the area,
even when very conservative and severe seismic parameters were assumed for these tests. Further it was
observed that the Court cannot sit in judgment over the cutting edge of scientific analysis relating to the
safety of any project and it is the policy decision of the government to give approval to any project like
dams, power projects etc. after taking into account report furnished by the experts as to the safety of the
project, its impact on the environment and the rehabilitation schemes framed for the people. Here the only
point to consider by the Court is whether the decision-making agency took a well-informed decision or not.

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SUSTAINABLE DEVELOPMENT
India,27 the right to development
As observed in Narmada Bachao Andolan vs. Union of India,
cannot be treated as a mere right to economic betterment. It encompasses much more than
economic well being, and includes within its definition the guarantee of fundamental
human rights.

Even in cases of Thermal power projects the environmentalists have shown great concern
as the location of any power station which draws on sea water to cool its turbine is bound
to impact the marine environment. The warm water discharged by the plant alters the
local ecology. Some species thrive in the warm water whilst others perish in the changed
environment.28 As per the studies conducted by various organizations, to ensure
ecological stability, 30 percent of the nation should be under adequate forest cover. But
today large industrial units use forests as the source of raw material for paper, pulp and
rayon mills. Export of timber products generates foreign revenue. Small businesses
depend on forests as a source wood for a myriad product.29 In addition to above forests
are home to many tribal people. Therefore there is a need to protect the environment.

In A. Chowgule and Co. Ltd. vs. Goa Foundation,30 the Court after looking into the
Forest Conservation Act, 1980, Forest (Conservation) Rules, 1981 and Environment
Protection Act held that the no forest land can be diverted to use it for any other purpose
except with prior permission of Central government. The sustainable development has to
be maintained keeping in mind the importance of the forests land. 31 The Principle was
further discussed in the case of T.N. Godavaraman Thirumulpad vs. Union of India32
The Court observed that adherence
adherence to the principle of Sustainable Development is now a

27
MANU/SC/0640/2000. The issue was as to construction of Sardar Sarovar Project also, four conditions
were imposed to ensure the sustainable development: (i) NCA will ensure that environmental safeguard
measures are planned and implemented pari-passu with progress of work on project; (ii) The detailed
surveys' studies assured will be carried out as per the schedule proposed and details made available to the
Department for assessment; (iii) The attachment area treatment programme and the rehabilitation plans be
so drawn as to be completed ahead of reservoir filling; and, (iv) The Department should be kept informed
of progress on various works periodically.
28
Shyam Divan Armin Rosencranz, Environmental Law and Policy in India, (Oxford University Press,
New Delhi, 2nd ed.) 2001
29
ibid
30
MANU/SC/3578/2008 The issue of diverting the forest land for granting the lease to the appellants for
establishing a 100 percent export oriented unit was raised.
31
T.N. Godavarman Thirumulkpad v. Union of India and Ors. MANU/SC/0278/1997
32
(2008)2SCC222

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SUSTAINABLE DEVELOPMENT
constitutional requirement. Courts are required to balance development needs with the
protection of the environment and ecology.33 It is the duty of the State under our
Constitution to devise and implement a coherent and co-ordinated programme to meet its
obligation of Sustainable Development based on inter-generational equity.34

In the case of Essar Oil Ltd. vs. Halar Utkarsh Samiti35, mining as held in the above case
is an important revenue generating industry. However, it is unacceptable to place our
national assets in the hands of companies without proper mechanism and without
ascertaining the credibility of the User Agency. The answer came on the form of
Sustainable Development.

CONCLUSION

We do not inherit the land from our forefathers. We borrow it from our children.

- Native American Proverb

Sustainable development is defined as a pattern of social and structured economic


transformations (i.e. development) which optimizes the economic and societal benefits
available in the present, without jeopardizing the likely potential for similar benefits in
the future. A primary goal of sustainable development is to achieve a reasonable and
equitably distributed level of economic well-being that can be perpetuated continually for
many human generations.

Sustainable development implies using renewable natural resources in a manner which


does not eliminate or degrade them, or otherwise diminish their usefulness for future
generations. It further implies using non-renewable (exhaustible) mineral resources in a
manner which does not unnecessarily preclude easy access to them by future generations.
33
K.M. Chinnappa and T.N. Godavarman Thirumalpad vs. Union of India (UOI) and Ors.,AIR2003SC724
34
A.P. Pollution Control Board v. Prof. M.V. Nayudu, MANU/SC/0032/1999
35
AIR2004SC1834. The Refinery was totally dependent on mining of bauxite from Niyamgiri Hills,
Lanjigarh, which was the only vital wildlife habitat. It constituted part of the elephant corridor. The mining
project would have additionally caused problems to the proposed wildlife sanctuary and the residence of
tribes like Dongaria Kandha. According to CEC, the Project would also destroy flora and fauna of the entire
region and it would result in soil erosion. Also use of forest land in an ecologically sensitive area like
Niyamgiri Hills should not be permitted. However poor tribal live in Lanjigarh Tehsil and have little chance
of development if not allowed to mine.

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SUSTAINABLE DEVELOPMENT
Sustainable development also requires depleting non-renewable energy resources at a
slow enough rate so as to ensure the high probability of an orderly society transition to
renewable energy sources.

The concept of sustainable development has emerged as an endeavour to address the


environmental problems caused by economic growth in contemporary India. There are
varied interpretations of the theory of sustainable development but its main objective is to
achieve a process of economic development without an indiscriminate destruction of our
environment.

However much needs to be done if we want to save our land from imminent peril.
Sustainable development as endorsed by the likes of Sunderlal Bahuguna is the answer to
not only our future but also our present existence on the planet.

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SUSTAINABLE DEVELOPMENT
BIBLIOGRAPHY

BOOKS:

• Shyam Divan, Armin Rosencranz, Environmental Law and Policy in India,


India,
(Oxford University Press, New Delhi, 5th ed., 2004)
• Stuart Bell & Donald McGillivray, Environmental Law,(Oxford
Law,(Oxford University Press,
New Delhi, 5th ed., 2004)
• India, (McMillan India Ltd., Delhi, 1st Edn.,
Gurdip Singh, Environmental Law in India,
2005)
• Stuart Bell & Donald McGillivray, Environmental Law,(Oxford
Law,(Oxford University Press,
New Delhi, 5th ed., 2004)

ARTICLES:

• Making Sustainable Development Happen: From Johannesburg


To Albany 8 ALBLEOJ 173, as cited from www.westlaw.com

WEBSITES:

• http://www.sustreport.org/background/history.html

CASES:

• A.P. Pollution Control Board v. Prof. M.V. Nayudu MANU/SC/0032/1999


• Chowgule and Co. Ltd. vs. Goa Foundation and Ors. MANU/SC/3578/2008
• Delhi Bottling Co. Pvt. Ltd. Vs. CPCB, 1986 Del 152
• Enviro-Legal Action v. Union of India MANU/SC/1112/1996
• Essar Oil Ltd. vs. Halar Utkarsh Samiti and Ors., AIR2004SC1834
• Essar Oil v. Halar Utkarsh Samiti,
Samiti, MANU/SC/0037/2004
• Goa Foundation vs. Diksha Holdings Pvt Ltd.,
Ltd., (1999)2 Bom CR 550
• Indian Council for Environ-Legal Action v. Union of India, MANU/SC/1189/1996

16 | P a g e
SUSTAINABLE DEVELOPMENT
• Indian Council of Enviro-Legal Action v.UOI,
v.UOI, 1996 (5) SCC 281
• Intellectuals Forum, Tirupathi vs. State of A.P. and Ors., AIR2006SC1350
• K.M. Chinnappa and T.N. Godavarman Thirumalpad vs. Union of India,
AIR2003SC724
• Kharag Singh v. State of UP, AIR 1963 SC 1295
• M.C Mehta v. Union of India, 2002 (4) SCC 353
• MC Mehta vs. Union of India, AIR 1988 SC 1115
• MC Mehta vs. Union of India, AIR 1997 SC 734
• N.D. Jayal v Union of India (UOI) and Ors., (2004)9SCC362
• Narmada Bachao Andolan vs. Union of India (UOI) and Ors.,
MANU/SC/0640/2000
• Ramgopal Estates Pvt. Ltd. vs. The State of Tamil Nadu, MANU/TN/7948/2007
• Research Foundation for Science Technology and Natural Resource Policy vs.
Union of India, 2007(11)SCALE75
• Research Foundation for Science Technology National Resource Policy v. Union
of India, MANU/SC/1211/2003
• T. Damodar Rao v. M.C Hyderabad, AIR 1987 AP 171
• T. Godavarman v. Thirumal Pad, Tamil Nadu, MANU/SC/1317/2002
• T.N. Godavarman Thirumulkpad v. Union of India and Ors.
MANU/SC/0278/1997
• Tehri
Tehri Bandh Virodhi Sangarsh Samiti v. State of U.P. and Ors., 1992 (supp) 1
SCC 44
• Vellore Citizens Welfare Forum v. Union of India., MANU/SC/0686/1996
• Virender Gaur v. State of Haryana,1995
Haryana,1995 (2) SCC 577

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