Supreme Court Strikes Down Tata Housing Project Near Sukhna Lake Over Environmental Concerns

The case of Tata Housing Development Company Ltd. vs. Aalok Jagga & Others is a landmark judgment concerning environmental protection and urban planning. The Supreme Court of India was tasked with determining whether the proposed ‘Camelot’ housing project near Sukhna Lake, Chandigarh, was legal and whether it posed an ecological threat to the surrounding environment, particularly the Sukhna Wildlife Sanctuary.

The Court ultimately quashed all approvals granted to the project, highlighting the importance of protecting eco-sensitive zones, upholding the public trust doctrine, and ensuring that commercial interests do not override environmental conservation.

Background of the Case

The dispute arose when Tata Housing Development Company Ltd. proposed the construction of a high-rise residential project named ‘Camelot’ in Kansal village, Mohali, Punjab, within proximity to the eco-sensitive zone around Sukhna Lake and Sukhna Wildlife Sanctuary.

The case was brought before the Supreme Court following a series of legal challenges initiated by Aalok Jagga and other environmental activists, who argued that the project violated multiple environmental regulations and posed a threat to the fragile ecology of the area.

Key Issues Raised

Whether the Tata Housing project fell within the legally designated eco-sensitive zone around Sukhna Wildlife Sanctuary.
Whether the approvals granted to the project by the State Level Environmental Impact Assessment Authority (SEIAA) and Nagar Panchayat, Naya Gaon were valid.
Whether the project was in violation of the Environment Protection Act, 1986 and other environmental laws.
Whether the proposed construction posed a direct threat to the biodiversity of Sukhna Wildlife Sanctuary and the ecological integrity of Sukhna Lake.

Arguments by the Petitioner

The respondents, led by Aalok Jagga, made the following arguments:

The project site was located just 123 meters from the boundary of Sukhna Wildlife Sanctuary and fell within the eco-sensitive zone as per Survey of India maps.
The Punjab New Capital (Periphery) Control Act, 1952 prohibited construction in areas that could disrupt the ecological balance of the lake.
The approval granted by SEIAA was invalid as it failed to consider the project’s proximity to an ecologically fragile area.
The construction of high-rise buildings in the area would increase noise pollution, air pollution, and water runoff, ultimately endangering the lake and wildlife sanctuary.
The project was initiated with political motivations, as 95 MLAs of Punjab were alleged beneficiaries of the project.

Arguments by Tata Housing Development Company

The Tata Housing Development Company Ltd. presented the following counterarguments:

The company obtained all necessary clearances from the State Government and environmental authorities.
The project did not obstruct the natural water flow towards Sukhna Lake and thus did not contribute to environmental degradation.
The land had already been developed for urban use, and similar structures existed in the area.
The State Government of Punjab had approved the project and had not designated the site as part of the eco-sensitive zone.

Supreme Court’s Judgment

The Supreme Court ruled in favor of the petitioners and struck down all approvals granted to the project, making the following key observations:

1. Violation of Environmental Laws

The Court found that the project site was within the catchment area of Sukhna Lake as per the Survey of India Map, 2004.
The High Court of Punjab & Haryana had previously prohibited construction in the catchment area in CWP No. 7649/2003.

2. Threat to Sukhna Wildlife Sanctuary

The project site was located just 123 meters from the wildlife sanctuary, posing a serious threat to biodiversity.
The Court ruled:

“The most potent threat faced by the earth and human civilization as a whole is environmental degradation and wildlife degeneration.”

3. Public Trust Doctrine

The Court reaffirmed the public trust doctrine, stating that the government has a duty to protect natural resources for public use.
It held that:

“The State of Punjab has failed in its duty to safeguard eco-sensitive zones and has instead facilitated commercial interests.”

4. Conflict of Interest in Project Approval

The Court found that 95 MLAs were alleged beneficiaries of the project, raising serious concerns about political influence in its approval.
The Court remarked:

“The entire exercise smacks of arbitrariness on the part of the government, including its functionaries.”

5. Striking Down of Approvals

The Court quashed the environmental clearance granted by SEIAA and declared the project illegal.
It ruled:

“No such project can be allowed to come up in an eco-sensitive zone, particularly within 123 meters of a wildlife sanctuary.”

Impact of the Judgment

This ruling has far-reaching implications for environmental law and urban planning:

Strengthens Protection of Eco-Sensitive Zones: Sets a precedent that construction in such zones cannot be allowed without due environmental assessment.
Upholds Environmental Conservation Laws: Ensures strict adherence to environmental impact assessments and judicial oversight in urban development.
Prevents Political Manipulation in Land Approvals: Highlights the need for transparency and accountability in granting environmental clearances.

Conclusion

The Supreme Court’s ruling in Tata Housing Development Company Ltd. vs. Aalok Jagga & Others is a landmark decision that upholds environmental justice. By striking down the project, the Court has reinforced the significance of eco-sensitive zones, the need for governmental accountability, and the constitutional mandate to protect India’s natural heritage.

Petitioner Name: Aalok Jagga.
Respondent Name: Tata Housing Development Company Ltd..
Judgment By: Justice Arun Mishra, Justice M.R. Shah, Justice B.R. Gavai.
Place Of Incident: Sukhna Lake, Chandigarh.
Judgment Date: 05-11-2019.

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