Karnataka Industrial Areas ... vs Sri C. Kenchappa & Ors

The Division Bench in the impugned judgment held that for maintaining ecological equilibrium and pollution free atmosphere of the villages, the KIADB be directed to leave a land of one kilo metre (for short one k.m.) as a buffer zone from the outer periphery of the village in order to maintain a `green area' towards preservation of land for grazing of cattle, agricultural operation and for development of social forestry and to develop the area into a green belt. This measure would preserve the ecology without hindering the much needed industrial growth, thus striking a balance between the industrial development and ecological preservation. The Court further directed that whenever there was an acquisition of land for industrial, commercial or non-agricultural purposes, except for the residential purposes, the authorities must leave one k.m. area from the village limits as a free zone or green area to maintain ecological equilibrium.

Peace, security, stability and respect for human rights and fundamental freedoms, including the right to development, as well as respect for cultural diversity, are essential for achieving sustainable development and ensuring that sustainable development benefits all.

`The World Conservation Union' and `the World Wide . Fund for Nature' prepared jointly by UNEP described that "sustainable development, therefore, depends upon accepting a duty to seek harmony with other people and with nature" according to `Caring for the Earth', A strategy for Sustainable Living. The guiding rules are:

The need of the hour is inculcating the sense of urgency in implementing the rules relating to environmental protection which are not strictly followed. Its result would be disastrous for the health and welfare of the people.

(2) Polluter Pays:

The directions given in the said judgment based on NEERI's recommendations were capable of proper implementation.

If the directions given in the impugned judgment are properly implemented then perhaps, the appellant cannot acquire any land for development, This may not have been the underlying idea behind the judgment but it seems to be the obvious consequence of a direction given by the Division Bench in this case. In this view of the matter, the said directions given in the impugned judgment are set aside.

The importance and awareness of environment and ecology is becoming so vital and important that we, in our judgment, want the appellant to insist on the conditions emanating from the principle of `Sustainable Development'.

(1) We direct that, in future, before acquisition of lands for development, the consequence and adverse impact of development on environment must be properly comprehended and the lands be acquired for development that they do not gravely impair the ecology and environment.

(2) We also direct the appellant to incorporate the condition of allotment to obtain clearance from the Karnataka State Pollution Control Board before the land is allotted for development. The said directory condition of allotment of lands be converted into a mandatory condition for all the projects to be sanctioned in future.

Sustainable use of natural resources should essentially be based on maintaining a balance between development and ecosystem. Coordinated efforts of all concerned would be required to solve the problem of ecological crisis and pollution. Unless we adopt an approach of sustainable use, the problem of environmental degradation cannot be solved.

Before we part with this case, we would like to place on record our deep appreciation for the able assistance rendered by Mr. A. R. Madhav Rao, the learned amicus curiae.

The appeal is allowed and disposed of in terms of the aforementioned directions. In the facts and circumstances of the case, we direct the parties to bear their own costs.