JUSTICE R S VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This public interest litigation is concerned with maintenance and restoration of green belts in certain housing colonies of Jaipur. We have heard learned counsel for the respondents. It cannot be disputed that the parks and green belts in the cities are the green lungs and they need to be maintained. The health and welfare of the people must be kept in view by the State and civic authorities. In Samatha v. State of Andhra Pradesh, AIR 1997 SC 3297 it has been held by the Supreme Court that right to life, enshrined in Article 21 of the Constitution means something more than mere animal existence.

(2.) Article 21 not only protects the life and liberty of the individual, but it also ensures a life which is worth living. It hardly needs to be emphasised that without good health, life is not worth living. In order to maintain physical and mental health of the citizens, protection, preservation and maintenance of environment and ecology is necessary. Parks and green belts create a healthy environment and promote well being of the citizens.

(3.) In Chhetriya Pardushan Mukti Sangharsh Samiti v. State of U. P. (1990) 4 SCC 449 : (AIR 1990 SC 2060) it was held that every citizen has a fundamental right to enjoy quality of life as contemplated by Article 21 of the Constitution and when that right is endangered, recourse can be had to the constitutional remedy of a writ. In Virendra Gaurv. State of Haryana (1995) 2 SCC 577 : (1995 AIR SCW 306) the Supreme Court held that the word 'environment' is of broad spectrum which brings within its ambit "hygienic atmosphere and ecological balance". In this regard the Supreme Court has held as follows :