PROJECT

REPORT ON
Sustainable Development
IN PARTIAL FULFILLMENT FOR THE REQUIREMENTS OF THE
COURSE [Link] LL.B. (HONS.) IN THE SUBJECT
OF
ENVIRONMENTAL LAW

UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY

SUBMITTED TO- SUBMITTED BY-

MS. SABINA SALIM DINKAR JAIN
UILS,PU,CHD. 212/20
[Link] LL.B. SEC-D
SEMESTER - VIII

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 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher

Ms. Sabina Salim who gave me the golden opportunity to do this
project on the topic “Sustainable Development”. While doing
research on this project, I came to know about a lot of things related
to this topic.
Finally, I would also like to thank my friends who helped me a lot in
finalizing this project within the limited time frame.

Dinkar Jain
[Link] LL.B.
Section-D
212/20

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 Contents
Sr. No. Particulars Page No.
1 Introduction 4
2 The advent of the term and its 4-5
necessity
3 Various principles of Sustainable 5-6
Development
4 Related laws and implementations in 6-8
India
5 Sustainable Development and 8-9
International Law
6 Sustainable Development Goals 9
7 Case study: Vellore Citizen Welfare 10-12
Forum v. Union of India
8 Case study: M.C. Mehta v. Kamal 13-14
Nath
9 Case Study: M/s Indian Oil 15-16
Corporation Ltd vs VBR Menon and
others
10 Case Study : In Re: Felling of Trees in 16-17
Aarey Forest (Maharashtra)
11 Conclusion 17
12 Bibliography 18

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 Introduction
“Earth provides enough to satisfy every man's needs, but not every man's greed."-
Mahatma Gandhi

With the ever growing economies and the need and greed for more, the doctrine of
Sustainable Development becomes the most relevant principle in today's times.

The alarming magnitude of climate change has been an imperative sign to think and prepare
better for the future. The era of the 21st century calls for an immediate and reasonable
debate upon what the future further demands of us. The perspective can be in respect of
changes in the global environment, development and economy, and their relation of cause
and effect. The progress of the global economy taking a toll on the environment needs to be
addressed. The development needs to be environmentally efficient and sustainable with a
people-centred approach.

Sustainable human development or people-centred development has gained increasing

acceptance over the last few years based on its balanced approach between economic
development and sustainability of the environment. There are various unprecedented
challenges waiting to be dealt with due to the rapid urbanization and globalization. With
cities becoming focal points of major developments and mighty opportunities, they act as
strong magnets attracting huge populations which are greatly complimented with
tremendous challenges like worsening pollution, vivacious use of natural resources and mass
exploitation of energy sources.

The advent of the term and its necessity

In 1972, the United Nations Conference on the Human Environment took place in Stockholm
which highlighted the concerns for preventing pollution and enhancing biodiversity and
environment to ensure the rights of humans to a healthy and progressive environment.

In 1987, the United Nations World Commission on Environment and Development issued
the Brundtland Report which emphasized three fundamental components of sustainable
development: environmental protection, economic growth and social equity.
Sustainable development has been defined in many ways, but the most frequently quoted
definition is from Our Common Future, also known as the Brundtland Report:
"Sustainable development is development that meets the needs of the present without
compromising the ability of future generations to meet their own needs." 1

The term sustainable development was defined as a way of development where the needs
of the present are met without compromising the ability of future generations to meet their
own needs. It was coined by Doctor Gro Harlem in the Brundtland Report. The concept of
needs in the definition refers to the essential needs of the world’s poor which should be
1
As defined in “Our Common Future”

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given ultimate priority. There also needs to be an idea of limitation imposed on the
environment’s ability to be able to meet present and future needs.

The necessity of sustainable development and its implementation was realized when
imperative changes in the functioning and effects of environment were noticed. The changes
followed by disasters acted as an alarm to what the future could behold, the understanding
of which led to the foundation of concept of sustainable development and living. It was
argued that if humans keep acting independently towards pursuing their individual interests
then it won’t be long before all the resources exhaust due to over exploitation. It was thereby
felt that mankind needed to change its ways and means and diverge to a sustainable
development track.

Simply put, the principle of Sustainable Development attempts to maintain a balance

between development and the environment. It promotes inter-generational equity, i.e.
better quality of life for present and future generations. The benefit from development
ought to be equated with the impact on the environment for such development. While
development is important or in fact necessary, the impact on the environment ought to be
studied before undertaking such development. The basic concept of sustainable
development aims to maintain a balance between economic advancement while protecting
the environment in order to meet the needs of the present as well the future generations.
The two pillars of the doctrine of Sustainable Development are Polluter Pays principle and
Precautionary principle.

Various principles of 'Sustainable Development' :

Some of the basic principles of 'Sustainable Development' as described in 'Brundtland
report' are as follows: -

Inter-Generational Equity: The principle talks about the right of every generation to get
benefit from the natural resources. Rio declaration states that: "The right to development
must be fulfilled so as to equitably meet developmental and environmental needs of present
and future generations."2 The main object behind the principle is to ensure that the present
generation should not abuse the non- renewable resources so as to deprive the future
generation of its benefit.
The Precautionary Principle : This principle has widely been recognized as the most
important principle of 'Sustainable Development'. Rio declaration states that: "In order to
protect the environment, the precautionary approach shall be widely applied by States
according to their capabilities. Where there are threats of serious or irreversible damage,
lack of full scientific certainty shall not be used as a reason for postponing cost effective
measures to prevent environmental degradation."3 In other words it means

1. Environmental measures by the state government and the local authority must anticipate,
prevent and attack the causes of environmental degradation.

2
Principle 3 of the Rio declaration
3
Principle 15 of the Rio declaration

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2. Where there are threats of serious and irreversible damage, lack of scientific certainty
should not used as a reason for postponing measures to prevent environmental
degradation.
3. The 'onus of proof' is on the actor or the developer to proof that his action is
environmentally benign.

Polluter Pays Principle: Rio declaration states that: "National authorities should endeavor
to promote the internalization 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 It is quite obvious that the object of the above principle was to make the
polluter liable not only for the compensation to the victims but also for the cost of restoring
of environmental degradation. Once the actor is proved to be guilty, he is liable to
compensate for his act irrelevant of the fact that whether he's involved in development
process or not.

Sustainable development is a pattern of resource use that aims to meet human needs while
preserving the environment so that these needs can be met not only in the present, but also
for the future generations. The term was used by the Brundtland Commission which coined,
what has become the most often- quoted definition of sustainable development as
development that “meets the needs of the present without compromising the ability of
future generations to meet their own needs.”

Public Trust Doctrine: The public trust doctrine is a common law legal principle that declares
that certain resources are for the public and the government is responsible to protect them. The
State is the trustee of all national resources which are naturally meant for public use and
delight. The Doctrine primarily rests on the principle that certain resources like air, sea, waters
and the forests have such a great importance to the people as a whole that it would be wholly
unjustified to make them a subject of private ownership

Related laws and implementations in India

There are several laws which have been passed which include

∙ The Water (Prevention and Control of Pollution) Act of 19745: It was enacted for the
prevention and control of water pollution and maintaining or restoring the wholesomeness
of water. The Central and State Pollution Control Boards have been constituted under Section
3 and 4 of the Act [Link] Central Pollution Control Board (CPCB), a statutory
organization, was constituted in September, 1974 under the Water (Prevention and Control
of Pollution) Act, [Link], CPCB was entrusted with the powers and functions under
the Air (Prevention and Control of Pollution) Act, 1981. It functions under the Ministry of

4
Principle 16 of the Rio declaration
5
Act No. 6 of 1974

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Environment, Forest and Climate Change (MoEFCC) and coordinates with the State Pollution
Control Boards and other agencies

∙ The Forest (Conservation) Act of 1980: The Forest Conservation Act 1980 is an important
legislation enacted by the Government of India to regulate the diversion of forestland for non-
forestry purposes. The Act was passed in response to the growing concern over the rapid
depletion of India’s forests, which had serious environmental and ecological consequences.
The Forest Conservation Act 1980 seeks to balance the competing interests of development
and environmental conservation. Its key objectives include: To conserve forests and ensure
their sustainable [Link] regulate the diversion of forestland for non-forestry
purposes, such as mining, industrial projects, or infrastructure [Link] ensure that
any diversion of forestland is done only for a specific purpose and with the prior approval of
the central government. To compensate for any loss of forest cover that may occur due to
such diversion by undertaking afforestation and reforestation activities.

∙ The Air (Prevention and Control of Pollution) Act of 19816: In order to control the problem
of air pollution the Act has been enacted. The Act has set rules for the establishment of the
Air Quality Control Board as per Section 3 and Section 4 of the Act. The main function of the
Board is to reduce and control the level of air pollution in India as per Section 16 and Section
17 of the Act. The main purpose of the Act is to improve air quality, by setting rules to control
industrial pollution, control pollutant emissions from the industries to protect the
environment, and set rules to protect human health. The government has the power to make
rules as per Section 53 and Section 54 of the Act whenever it is necessary.

∙ The Environment (Protection) Act of 19867: The EPA, 1986 establishes the framework
for studying, planning, and implementing long-term requirements of environmental
safety and laying down a system of speedy and adequate response to situations threatening
the environment.’The roots of the enactment of the EPA lies in the United Nations Conference
on the Human Environment held at Stockholm in June,1972 (Stockholm Conference), in
which India participated, to take appropriate steps for the improvement of the human
environment. The Act implements the decisions made at the Stockholm [Link] EPA
Act was enacted under Article 253 of the Indian Constitution which provides for
the enactment of legislation for giving effect to international agreements. Article 48A of the
Constitution specifies that the State shall endeavour to protect and improve the environment
and to safeguard the forests and wildlife of the country. Article 51A further provides
that every citizen shall protect the environment.

∙ National Green Tribunal,20108 : The legislature enacted The National Green Tribunal Act
in 2010 after attending all major environmental conferences around the world. The tribunal
aims at effective and quick disposal of cases involving multi corporal issues related to the
environment. NGT is empowered to hear all matters related to environment and has

6
Act No. 14 of 1986
7
Act No. 29 of 1986
8
Act No. 19 of 2010

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furthered the crusade of environment protection aiming for better and effective
implementation of sustainable development goals. The tribunal is not bound by Code of Civil
Procedure 1908, instead is supposed to follow the principles of natural justice. In the case of
Prafulla Samantray v. Union of India9, the tribunal ordered suspension of the POSCO ( South
Korean steel-making company) steel plant in Odisha with the opinion that though there is
need for industrial development, it should be within the parameters of sustainable
development and should keep in check all related environmental concerns.

∙ The phrase of the present government “Sbka Saath Sbka Vikas” which translates to
‘collective effort, inclusive development’ is being stated as the countries national
development agenda. Several of the government’s programs would directly contribute
to advancement of the SDG [Link] include Swachh Bharat mission, Beti Bacho
Beti Padhao, Pradhan Mantri AwasYojana, Smart Cities, Pradhan Mantri Jan Dhan Yojana,
Deen Dayal Upadhyay Gram Jyoti Yojana and Pradhan Mantri UjjwalaYojana, among
others.

∙ The Namami Gange Mission: This integrated conservation mission was introduced in 2014
with the twin objective of rejuvenation and preservation of the national river ganga. The
mission encompasses the development and maintenance of sewage treatment
infrastructure and also factory effluents handling. It also takes into account public
awareness, effective afforestation and riverfront development and cleaning procedures.

∙ National Clean Air Programme in 2019: India formally joined the climate and clean air
coalition for effective implementation of the national clean air programme which is a
comprehensive plan to reduce air pollution, keep it in check and simultaneously improve
the Air Quality Index. This was done in consideration to the recent massive dropping of
the quality of air in the northern region of the country.

Sustainable Development And International Law

International Law is an increasingly important mechanism in the quest for sustainable
development. International customary law as well as conventional law contains provisions
which deals with the protection and promotion of the environment. The maxim sic utere tuo
ut alienum laedas insists on the use of property in such a manner so as not to injure
another’s property. The maxim requires that developmental activities should take place in
such a manner that property of others is not damaged.

∙ In 1972, the UN Conference on Human Environment was held at Stockholm where a wide
range of resolutions were adopted which formed an action plan for international co
operation on environmental matters. It produced Stockholm Declaration consisting of 26
principles which opened the floodgates for subsequent developments in the area of
environmental protection. The United Nation Environmental Programme was also
established under the auspices of the Stockholm Conference. The conference agenda was

9 1
Appeal No. 8/2011 Friday, the 30th day of March, 2012

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divided into six main areas. Development and environment appears as the fifth main area of
the conference agenda. The Conference was also witnessed, at initial stages, confrontation
between developing and developed states over the impact of environmental protection and
development. However, the confrontation was later reconciled. It was recognised that the
new international environmental order could be erected only on the foundation of
international co-operation. The Conference projected the fact that the precondition for
building new international environmental order is international co-operation and not
confrontation. This led to the adoption of the Stockholm Declaration which makes
references to development and environment.

∙ To achieve sustainability, the Vienna Convention to Prevent the depletion of Ozone Layer
was adopted which served as a framework convention and laid down broad guidelines. The
Convention was followed by Montreal Protocol which came up in 1987. The protocol
witnessed various adjustments and amendments from time to time. These instruments aim
at restricting and regulating developmental activities in a manner that ozone depleting
substances are gradually phased out.

∙ In June 1992, the UN Conference on Environment and Development (UNCED) was held at
Rio de Genera wherein more than 170 governments participated. UNCED‟s mission was to
put the world on a path of sustainable development which aims at meeting the needs of the
present without compromising on the ability of the future generations to meet their
own needs. UNCED heralded a new global commitment to sustainable development
premised on the interconnectedness of human activity and the environment. UNCED
produced five documents, viz. Rio Declaration on Environment and Declaration, Convention
on Climate Change, Convention on Bio- Diversity, Forest Principles and Agenda 21. In
addition, the UN Commission on Sustainable Devopment was also established.

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 Landmark judgments on sustainable development
Indian Judiciary has demonstrated exemplary activism to implement the mandate of
sustainable development. This can be seen in the light of the following judgements.

Case Study: Vellore Citizen Welfare Forum v. Union of India10

Date of Judgement: 28th August, 1996

Bench: [Link] Singh, J. Faizan Uddin, J. K. Venkataswami

Facts:

A Public Interest Litigation was filed by Vellore Citizen Welfare Forum under Article 32 of the
Constitution of India. The petition was filed against the enormous discharge of untreated
effluent by the tanneries which lead to the pollution in the State of Tamil Nadu. The
untreated effluent was discharged in the river Palar which is the main source of water supply
in the area. These tanneries in Tamil Nadu caused environmental degradation in the area. A
survey by Tamil Nadu Agriculture University Research Centre Vellore shows that nearly
35,000 hectares of agricultural land in the area becomes unfit for cultivation. Petition further
states that the tanneries use about 170 types of chemicals in the chrome training process.
These effluents have spoiled the physio-chemical properties of the soil, and have
contaminated groundwater by percolation.

Arguments from the Parties:

Petitioner

 The Learned Counsel of the Petitioner argued that the whole surface and sub-soil
water of river Palar has been intoxicated and as a result, it has turned out non-
accessible for consumption to the inhabitants of the region.
 They further contended that the tanneries in the State of Tamil Nadu have caused
serious damage to the environment in the region.
 A study conducted by a non-administrative association, covering 13 towns of Dindigul
and Peddiar Chatram Anchayat Unions, uncovers that 350 wells out of an aggregate
of 467 wells used for drinking and water system purposes have been contaminated.

Respondent

 The advocates from the side of the tanneries argued that the quality concerning
Total Dissolved Solids (TDS) fixed by the Board wasn't legitimized.
 This Court by the request dated April 9, 1996, coordinated the NEERI to examine this
angle and offer its input. In its report, NEERI has legitimized the models stipulated

10
AIR 1996 SC 2715

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 by the Board. The Ministry of Environment and Forests has not completely set down
models for inland surface water release for Total Dissolved Solids, sulphates, and
chlorides. the selection on these guidelines rests with the individual State Pollution
Control Boards in line with the prerequisites supported nearby site conditions.
 The rules stipulated by Tamil Nadu Pollution Board Control (TNPCB) have been
advocated. The principle endorsed of the TNPCB for inland surface water release is
met for tannery squander waters cost-viably through appropriate embed control
gauges in tanning activity, and normally structured and viably worked wastewater
treatment plants (ETPs and CETPs).

Judgment:

This is a landmark case where the Supreme Court critically analyzes the relationship between
environment and development. The Court, in this case, decided in favor of petitioner on the
following grounds:

Tamil Nadu is the leading exporter of finished leather accounting for approximately 80% of
the country’s export. Though the leather industry is of vital importance to the country as it
generated foreign exchange and provides employment avenues it has no right to destroy the
ecology, degrade the environment, and pose as a health hazard.

The traditional concept that development and ecology are opposed to each of her. Is no
longer acceptable. The answer is ‘Sustainable Development’, as a balancing concept
between ecology and development and has been accepted by Customary International Law.

In the case of the Indian Council for Enviro-Legal Action vs. Union of India11, the Supreme
Court held that the Polluter Pays principle is a sound principle. This principle as interpreted
by the Court means that the absolute liability for harm to the environment extends not only
to compensate the victims of pollution but also the cost of restoring the environmental
degradation.

The precautionary principle and the polluter pays principle have been accepted as part of
the law of the land. Article 21 of the Constitution of India guarantees protection of life and
personal liberty. Apart from the constitutional mandate to protect and improve the
environment there are plenty of post-independence legislations on the subject.

Whether the tanneries should be allowed to continue to operate at the cost of lives of
lakhs of people?

The tanneries and other polluting industries in the State of Tamil Nadu are being persuaded
for the last about 10 years to control the pollution generated by them. They were given the
option either to construct common effluent treatment plants for a cluster of industries or to
set up individual pollution control devices. It is a pity that till date most of the tanneries
operating in the State of Tamil Nadu have not taken any step to Control the Pollution caused
by the discharge of effluent.

11
AIR 1996 SC 1446

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This Court has been monitoring this petition for almost five years. The NEERI, Board and the
Central Pollution Control Board (Central Board) have visited the tanning and other industries
in the State of Tamil Nadu for several times. The NEERI reports indicate that even the seven
operational CETPs are not functioning to its satisfaction. The Court states ‘that no tanneries
will be allowed to continue to operate except if this court is satisfied that the containment
control devices have been setup either independently or in total by these tanneries and to
check that this Court will rely on the expertise of Technical specialist like the Pollution Control
Boards or NEERI.’

The main purpose of the Environment Act is to create an authority or authorities under
Section 3(3) of the Act with adequate powers to control pollution and protect the
environment. It is a pity that till date no authority has been constituted by the Central
Government. The work which is required to be done by an authority in terms of Section 3(3)
read with other provision of the Act is being done by this Court and the other Courts in the
country. It is high time that the Central Government realises its responsibility and statutory
duty to protect the degrading environment in the country.

Order:

The Supreme Court held that all the tanneries are liable to pay Pollution fine of Rs 10,000 to
be deposited at the District Collector’s office. The fine along with compensation shall be
deposited under ‘Environment Protection Fund’. A ‘Green Bench’ was established in the
supervision of the Chief Justice of Madras High Court to look after this mater and all the
environment related issue. The bench will have power to issue appropriate direction or order
keeping in view direction passed by the Supreme Court.

The Court appreciated the efforts of Mr. M. C. Mehta and directed the State of Tamil Nadu
to grant him the sum of Rs. 50,000 for his assistance.

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Case Study: M.C. Mehta v. Kamal Nath
DATE OF JUDGMENT: 13/12/1996
BENCH: KULDIP SINGH, S. SAGHNR AHMAD

Facts
‘Span Motels Private Limited.’ was a private company controlled by the owners of Span
Resorts that launched a new project by the name of “Span Club”, which was built on the bank
of the river. A famous newspaper called the “Indian Express” published an explosive article
titled “Kamal Nath dares the mighty Beas to keep his dreams afloat” which disclosed issues
with the construction of the Span Club. After the article was published, it was discovered that
the ‘then Minister of Environment and Forests’. Mr Kamal Nath had a direct connection with
the Span Motel Case.
By letter dated November 24, 1993, the Ministry of Environment and Forests gave its prior
consent to the company leasing around 27.12 bighas of additional forest land (dated April 11,
1994). This approval gave the owners of the company permission to build their ambitious
project, named “Span Club”, which led to the overrunning of the swollen river. Also, due to
the pressure from the use of bulldozers, tractor trolleys, and earthmovers, which were used
to construct heavily cemented embankments along the river, which led to a change in the
swollen Beas river’s course, this also led to the washing away of the adjoining lawns. An
extraordinary flood caused by the Beas River in 1995 destroyed property worth around 105
crores.

Issues
 Was the construction undertaken by the Span Motels Pvt. Ltd. company legal and
justified?
 Whether the “Public Trust Doctrine” is applicable in India or not?

Arguments
Arguments of the petitioner
The petitioner argued that this construction disturbed the ecological balance of the
environment and damaged the natural conditions of forest land, river, and air, which are gifts
from nature, and would be viewed as a violation of the fundamental right guaranteed
under Article 21. This would further lead to the violation of Article 51A (g).
Article 21 deals with “Protection of life and personal liberty.” The Right to life also involves
nature and the environment in its definition, without which life cannot be lived in a healthy
way with joy and happiness. So, it has become the fundamental right of every citizen of India
to live a healthy life without any pollution in the environment.

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Article 51A (g) states: “The duty of every citizen to look after the environment.” It’s the duty
of every citizen of India to keep and protect the environment because any disturbance in any
of the natural elements that are necessary to lead a life would be dangerous for the lives of
all the citizens of the country.
Arguments of the respondent
Mr Kamal Nath refuted the allegations against him. M.C. Mehta had wrongfully accused him,
he claimed. He argued that the allegations were baseless, which were made in the press
reports. They are exaggerated and mala fide and have been published to ruin his reputation.
It was also argued that the construction was carried out on land under Span Motel’s
ownership. The surrounding area was built to preserve the aforementioned land from future
floods.

Judgement
In court, this case was judged by a 2-judges bench, who ordered and directed that: After a
long discussion, the court granted the “Public Trust Doctrine” in this case. The public trust
doctrine, as mentioned by the judges during the judgment should be considered as a part of
the Land laws. The prior approval, which was granted by the Ministry of Environment and
Forests, and the lease deed in respect of an area of 27.12 bighas in favour of the company,
were quashed by the court. The Himachal Pradesh Government was directed to take charge
of the area and restore it to its primary natural and environmental conditions. The motel was
directed by the court to pay the cost of compensation for the restitution of the environment
and ecology under the Polluter Pay Principle.
The court ordered that the pollution caused by the construction of the motel on the banks of
the Beas River be reversed and removed. It was directed that NEERI should check the pollution
control plans regulated by the motel. The motel was required to build a 4-meter-long
boundary wall for its construction, beyond which they were not permitted to use the river
basin’s property. The Motel even should not utilize a single part of the river basin. The river
basin should be left untouched from the Motel’s boundary wall. The bank & basin of the river
should be left open for the general public use. The motel was not permitted to discharge the
untreated waste into the river. The Board was directed to examine all the
hotels/institutions/factories within the location of Kullu-Manali and simply just in case any of
them gets caught red-handed for discharging untreated waste into the river, the Board should
take strict actions against them as per the law. The Motel through its management should
show the cause of why an additional pollution fine is not obligatory on the Motel. NEERI was
directed to submit the reports by 17th December 1996 which would be listed on
18th December 1996. The writ petition was disposed of except for the restricted purpose
indicated above.

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 Recent case laws
Case Study: M/s Indian Oil Corporation Ltd vs VBR Menon and
others12
Facts:
In this case, the appeal was preferred to the Supreme Court by Oil Marketing Companies
against the NGT's order passed in December 2021. In para 69(i) and (ii) of the impugned order
NGT directed that all the retail petroleum outlets located in cities having population of more
than 10 lakh and having turn over of more than 300 KL/Month shall install the Vapour
Recovery System(VRS) mechanism. Further, NGT also made Consent to Establish(CTE) and
Consent to Operate(CTO) mandatory for new petroleum outlets and existing petroleum
outlets should obtain Consent to Establish within 6 months. These directions were assailed by
the Appellants in the instant case.
Judgment

 The Supreme Court directed that all the retail petroleum outlets located in cities
having population of more than 10 lakh and having turn over of more than 300
KL/Month shall install the Vapour Recovery System(VRS) mechanism. This should be
done within the fresh time line prescribed in the circular issued by the Central
Pollution Control Board on June 4, 2021. A bench comprising Justices Sudhanshu
Dhulia and JB Pardiwala affirmed the directions issued by the National Green Tribunal,
Chennai Bench regarding installation of VRS in retail petroleum outlets across the
country.
"The CPCB shall ensure that the directions issued by the NGT as contained in para 69(i) and
(ii) of the impugned order is fully complied with. It shall be the legal obligation of all the State
Pollution Control Boards to ensure that the directions issued by the NGT in regard to the
installation of the VRS mechanism is complied with within the fresh timeline as prescribed by
the CPCB", the bench observed.

 The bench however set aside the directions issued by the NGT which made Consent
to Establish(CTE) and Consent to Operate(CTO) mandatory for new petroleum
outlets. The NGT direction that existing petroleum outlets should obtain Consent to
Establish within 6 month was also set [Link] judgment authored by Justice
Pardiwala also examined the scheme of the NGT Act 2010 to examine the question
whether the NGT has the jurisdiction to direct the CPCB that it should in exercise of its
powers under Section 5 of the Environment Protection Act 1986 make obtaining of
the CTE and CTO mandatory for all the petroleum retail outlets across the country.
The bench concluded that NGT was well within its powers and jurisdiction to issue the
directions. However, the bench held that the directions to make CTE and CTO mandatory for
petroleum outlets were unnecessary in view of the existing guidelines of the CPCB. The bench

12
2023 LiveLaw (SC) 185

15 | P a g e
impressed upon the CPCB to ensure that its guidelines referred to above are scrupulously
followed and once the guidelines are scrupulously adhered to, no direction to obtain CTE and
CTO for starting/operating a RO is warranted. If there is breach of any of the guidelines issued
by the CPCB vide Office Memorandum dated 07.01.2020, then the concerned State Pollution
Control Board shall proceed against the erring outlet in accordance with law at the earliest".

Environment taking a back seat for Development

Case Study : In Re: Felling of Trees in Aarey Forest (Maharashtra)13
Facts
Mumbai Metro Rail Corporation (MMRCL) acted in contempt of the Supreme Court's 29th
November 2022 order through which it had modified its earlier status quo order on the felling
of trees at Aarey region in Mumbai for the metro car shed project and allowed the MMRCL to
pursue its application before the Tree Authority seeking permission for the felling of 84 trees.
However, MMRCL approached the tree authority for permission to feel 177 trees which was
allowed by the the tree authority in their decision of March 15, 2023

Submission of the MMRCL

Solicitor General of India Tushar Mehta, appearing for the MMRCL submitted that the
intention of the MMRCL was not to oveereach the Supreme Court. He tendered an apology
to the court and stated that the last survey which was taken was in 2019, as per which 84
trees were to be cut. However, owing to newer surveys being necessitated, there was now a
need for more trees to be cut. He said–
"It is a lacuna but it was bonafide. The intention was not to overreach."
However, Senior Advocate CU Singh added–
"It is based on complete falsehoods. They're saying that in December 2022 they didn't have
survey so they couldn't tell how many trees were to be cut. In March and July 2022, a detailed
survey was done and they got permission for only trimming of branches."

Judgment
The bench noted that the averments filed in the affidavit of MMRCL indicated that it knew
that the order of the Supreme Court continued to operate and yet acted in overreach of the
said order. The bench added– "We are constrained to observe that MMRCL has made an
attempt to overreach this court...It was improper on part of MMRCL to move tree authority
to fell any trees in excess of 84. Instead, the correct course of action would have been to move
this court. It would be necessary for us to penalise MMRCL for its conduct."

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However, the bench added that staying the tree authority's decision of March 15, 2023 as per
which the tree authority permitted the felling of 177 trees for the Metro Line 3 car-shed ramp
at Aarey Colony, would lead to bringing a public project to a standstill as the project had
already advanced. Accordingly, the court stated–
"We modify the previous order and allow MMRCL to act in compliance of tree authority
decision of March 15, 2023 and fell 177 trees. MMRCL shall deposit 10 lakhs to the Chief
Conservator of Forests and the conservator should ensure all afforestation as directed is
completed. We request the director of IIT Bombay to depute a team for the purpose of
verifying compliance. The report should be submitted in 3 weeks."

Conclusion
Thus, it can be concluded that with the ever growing economies and the need and greed for
more, the doctrine of Sustainable Development becomes the most relevant principle in
today's times. The alarming magnitude of climate change has been an imperative sign to
think and prepare better for the future. The era of the 21st century calls for an immediate
and reasonable debate upon what the future further demands of us. The progress of the
global economy taking a toll on the environment needs to be addressed. The development
needs to be environmentally efficient and sustainable with a people-centred approach.
Sustainable development has been defined in many ways, but the most frequently quoted
definition is from Our Common Future, also known as the Brundtland Report: "Sustainable
development is development that meets the needs of the present without compromising
the ability of future generations to meet their own needs." The term sustainable
development was defined as a way of development where the needs of the present are met
without compromising the ability of future generations to meet their own needs. It was
coined by Doctor Gro Harlem in the Brundtland Report. Sustainable development ties
together concern for the carrying capacity of natural systems with the social challenges faced
by humanity. The necessity of sustainable development and its implementation was realized
when imperative changes in the functioning and effects of environment were noticed. The
changes followed by disasters acted as an alarm to what the future could behold, the
understanding of which led to the foundation of concept of sustainable development and
living. It was argued that if humans keep acting independently towards pursuing their
individual interests then it won’t be long before all the resources exhaust due to over
exploitation. It was thereby felt that mankind needed to change its ways and means and
diverge to a sustainable development track. Simply put, the principle of Sustainable
Development attempts to maintain a balance between development and the environment.
Further, as observed the Supreme Court, sustainable development means “a development
which can be sustained by nature with or without mitigation. In other words, it is to maintain
delicate balance between industrialisation and ecology. While development of industry is
essential for the growth of economy, at the same time, the environment and the ecosystem
are required to be protected. The pollution created as a consequence of development must
not exceed the carrying capacity of the ecosystem. In order to protect sustainable
development, it is necessary to implement and enforce some of its main components and
ingredients such as precautionary principle, polluter-pays and public trust doctrine.

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 Bibliography
Books referred-
Dr. Paramjit S. Jaswal, Dr. Nishtha Jaswal, Vibhuti Jaswal, Environmental Law, 5 th Edition,
Allahabad Law Agency

Websites referred-
[Link]
[Link]
[Link]
[Link]
[Link]

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