VANASHAKTI v. UNION OF INDIA
Discusses sustainable development and statutory interpretation, applicable across legal domains.
Court: Supreme Court of India
Citation: 2025 INSC 961
Decision Date: 05-08-2025
List of Laws
Environment Protection Act, 1986; The Wild Life (Protection) Act, 1972; Water (Prevention and Control of Pollution) Act, 1974; The Air (Prevention and Control of Pollution) Act, 1981; General Principles of Law
- Environment Protection Act, 1986: The judgment refers to the Environment (Protection) Act, 1986, stating that the purpose for which it was enacted is not in tune with the exemption of applicability of the 2006 notification, by way of Note 1 in column 5 of Entry 8(a) of the impugned notification, to the projects or activities for industrial shed, school, college and hostel for educational institution. The judgment also mentions that the Environmental Cell at the level of a municipal body cannot be equated with SEIAA, which is a statutory body constituted by the Central Government under a statute namely the Environment (Protection) Act, 1986.
- The Wild Life (Protection) Act, 1972: The judgment mentions protected areas notified under the Wild Life (Protection) Act, 1972, in the context of the General Conditions applicable to projects or activities within 10 kms. from the boundary of such protected areas.
- Water (Prevention and Control of Pollution) Act, 1974: The judgment refers to the exclusion of Consent to Operate and Consent to Establish under the Water (Prevention and Control of Pollution) Act, 1974, in clause 14 of the 2016 notification, which was set aside by the NGT.
- The Air (Prevention and Control of Pollution) Act, 1981: The judgment refers to the exclusion of Consent to Operate and Consent to Establish under the Air (Prevention and Control of Pollution) Act, 1981, in clause 14 of the 2016 notification, which was set aside by the NGT.
- General Principles of Law: The judgment discusses the principle of sustainable development, stating that courts have consistently insisted upon protecting the environment while also considering the need for developmental activities. It cites several cases where the principle of sustainable development was applied, including Vellore Citizens' Welfare Forum v. Union of India and Others, Jagannath v. Union of India and Others, Consumer Education & Research Society v. Union of India and Others, Intellectuals Forum, Tirupathi v. State of A.P. and Others, Tata Housing Development Company Limited v. Aalok Jagga and Others and State of Uttar Pradesh and Others v. Uday Education and Welfare Trust and Others. The judgment also refers to the literal rule of interpretation, stating that it is a settled principle of law that while interpreting any legislation including a subordinate legislation, the first principle that has to be adopted is the literal rule of interpretation.
🔒 For Members Only