RAJ MINERAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal, the appellant - original petitioner seeks to challenge judgment and order dated 18th April 2011, passed by learned Single Judge in Special Civil Application No. 4570 of 2011, whereby, learned Single Judge rejected the petition and refused to grant any relief, as prayed for by the appellant - original petitioner.

(2.) The present appeal depicts a very sorry state of affairs at the end of the State Government as well as the appellant. It has been repeatedly said that the Right to Live is a Fundamental Right under Article 21 of the Constitution of India and it includes the Right to Enjoyment of Pollution -free Water and Air for full enjoyment of life. Further, by 42nd Constitutional Amendment, Article 48 -A was inserted in the Constitution of India in Part IV stipulating that the State shall endeavour to protect and improve the environment and to safeguard the Forest and Wildlife of the country. Article 51 -A, inter alia, provides that, it shall be the duty of every citizen of India to protect and improve the natural environment including Forest, Lakes, Rivers and Wildlife and to have compassion for living creatures. Article 47, which provides that, it shall be the duty of the State to raise the level of nutrition and standard of living and to improve public health is also relevant in this connection. The Hon'ble Supreme Court has also said in the case of MC Mehta v. Union of India, reported in (1987) 4 SCC 463 that, 'life, public health and ecology has priority over unemployment and loss of revenue. The definition of 'sustainable development' which Brundtland gave more than 3 decades back still holds good'. However, this appeal has, altogether, a different story to narrate, where, there is complete and absolute disregard to the provisions of the Constitution and other statutory Rules and Regulations.

(3.) The facts, relevant for the purpose of deciding this appeal, can be summarized as under : -