Citizens Forum v. Union of India
30 whereby the concept of sustainable development was applied for the first time in an Indian the Supreme Court had observed in
its judgment that ecological protection and economical development should not
necessarily be seen as radically opposite to each other, rather the answer to the
balance should lie in sustainable development.
The attempt of the Supreme Court to assign a meaning to the term ‘forest’ as per
the dictionary meaning has seen a spate of interventions in the Court due to its wide
ambit. Forest as per the above definition, may include private, common pasture, or
cultivable land. In T N Godavarman vs Union of India
31 case in the Supreme Court,
also known as the “forest case”, is an example of the judiciary overstepping its
constitutional mandate.
6 Conclusion
The development of environment jurisprudence in India is obliged to the Apex
Court and the numerous legislations and policies. The approach of the ‘Green
Bench’ has been very appreciable. If the law, as they are properly implemented, it is
not a distance dream to achieve clean India movement and also in row go with
sustainable development. But unfortunately this is not happening. Forest is the main
concern. Day by day the area which is called as protected is encroached by people
by providing untenable reasons. Project tiger, project elephant are ongoing, yet the
number of these species is declining. It is a sorry affair to say that they do not enter
into our dwelling place, but we have entered into their living area.
7 Suggestions
In view of the above discussion, the author wishes to make certain pertinent suggestions for protection of forest taking into consideration sustainable development
and biodiversity:
1. Attempts made by the courts have to be appreciated, but the efforts of the courts
can only achieve marginal success unless there is social, political and economic
change in the Government as well as of people towards adhering to a model of
sustainable development. Hence it is recommended to educate people to respect
and conserve forest resource which in turn help the environment to be friendly.
2. The laws drafted should be properly implemented by the authorities and should
not heed to the needs of the wealthy and influential people.
3. Adopt lifestyle which shall conserve the forest to its best.
30
AIR 1996 SC 2718.
31
(2011) 7 SCC 338.
130
S.V. Nadagoudar
30 whereby the concept of sustainable development was applied for the first time in an Indian the Supreme Court had observed in
its judgment that ecological protection and economical development should not
necessarily be seen as radically opposite to each other, rather the answer to the
balance should lie in sustainable development.
The attempt of the Supreme Court to assign a meaning to the term ‘forest’ as per
the dictionary meaning has seen a spate of interventions in the Court due to its wide
ambit. Forest as per the above definition, may include private, common pasture, or
cultivable land. In T N Godavarman vs Union of India
31 case in the Supreme Court,
also known as the “forest case”, is an example of the judiciary overstepping its
constitutional mandate.
6 Conclusion
The development of environment jurisprudence in India is obliged to the Apex
Court and the numerous legislations and policies. The approach of the ‘Green
Bench’ has been very appreciable. If the law, as they are properly implemented, it is
not a distance dream to achieve clean India movement and also in row go with
sustainable development. But unfortunately this is not happening. Forest is the main
concern. Day by day the area which is called as protected is encroached by people
by providing untenable reasons. Project tiger, project elephant are ongoing, yet the
number of these species is declining. It is a sorry affair to say that they do not enter
into our dwelling place, but we have entered into their living area.
7 Suggestions
In view of the above discussion, the author wishes to make certain pertinent suggestions for protection of forest taking into consideration sustainable development
and biodiversity:
1. Attempts made by the courts have to be appreciated, but the efforts of the courts
can only achieve marginal success unless there is social, political and economic
change in the Government as well as of people towards adhering to a model of
sustainable development. Hence it is recommended to educate people to respect
and conserve forest resource which in turn help the environment to be friendly.
2. The laws drafted should be properly implemented by the authorities and should
not heed to the needs of the wealthy and influential people.
3. Adopt lifestyle which shall conserve the forest to its best.
30
AIR 1996 SC 2718.
31
(2011) 7 SCC 338.
130
S.V. Nadagoudar