Punjab & Haryana High Court, Chandigarh
Citation(1987) 2 SCC 295
CourtSupreme Court of India
Date11 February 1987
Year1987
BenchO. Chinnappa Reddy, V. Khalid JJ.
Acts/ArticlesArticle 48A, Article 51A(g)
CategoryConstitutional Law, Environmental Law

Key Principle Established

Courts should give due regard to environmental protection. When government takes a conscious decision aware of environmental implications, courts will not interfere unless mala fides proved.

Brief Facts

The case challenged administrative action involving environmental concerns related to a hotel project near wetlands in Calcutta.

Ratio Decidendi

The Court held that whenever environmental issues arise, courts must give due regard to Directive Principles (Article 48A) and Fundamental Duty (Article 51A(g)). However, if the government is aware of environmental problems and takes a conscious decision, the court will not interfere unless mala fides or prejudice to public is established.

Impact & Significance

This was an early environmental law landmark that began with a beautiful quotation of the 1854 speech of Chief Seattle on environmental wisdom. It established the framework for judicial review of environmental decisions.

Tags & Related Topics

Constitutional Law Environmental Law Article 48A Article 51A(g)
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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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