Punjab & Haryana High Court, Chandigarh
CitationAIR 2000 SC 3751, (2000) 10 SCC 664
CourtSupreme Court of India
Date18 October 2000
Year2000
BenchA.S. Anand CJI, S.P. Bharucha, B.N. Kirpal JJ.
Acts/ArticlesArticle 21, Article 48A, Environment Protection Act 1986
CategoryConstitutional Law, Environmental Law

Key Principle Established

Large dam construction permitted subject to compliance with environmental conditions, proper rehabilitation of displaced persons, and monitoring by authorities.

Brief Facts

Narmada Bachao Andolan challenged the Sardar Sarovar Dam project on the Narmada river, arguing that it would displace lakhs of people and cause massive environmental damage without adequate rehabilitation. The case raised fundamental questions about development vs. environment.

Ratio Decidendi

By a 2:1 majority, the Court permitted dam construction to continue subject to conditions:

  • Construction can continue but dam height to be raised incrementally
  • Complete rehabilitation of displaced persons must precede submergence at each stage
  • The Narmada Control Authority must monitor environmental conditions
  • The principle of sustainable development must be followed

Justice Bharucha’s dissent: The dam should not be built beyond the current height until complete environmental impact assessment and rehabilitation are ensured.

Impact & Significance

This is India’s most significant development vs. environment judgment. It established the framework for balancing large infrastructure projects with environmental protection and displacement rehabilitation. The principle that rehabilitation must precede submergence has become a standard requirement for all major dam projects in India.

Tags & Related Topics

Constitutional Law Environmental Law Article 21 Article 48A Environment Protection Act 1986
← Previous Judgment Narmada Bachao Andolan v. State of M.P. (PIL Maintainability)
Next Judgment → Navneet Kaur v. State of NCT of Delhi (Bhullar Case)

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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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