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Narmada Bachao Andolan (Petitioner) v. Union of India and others (Respondents)

Country/Territory
India
Type of court
National - higher court
Date
Oct 18, 2000
Source
UNEP, InforMEA
Court name
Supreme Court of India
Judge
Bharucha, S., P.
Reference number
W.P. (C) No. 319 of 1994
Language
English
Subject
Energy, Environment gen.
Keyword
Dam Energy conservation/energy production
Abstract
The issue before the court was whether the environmental clearance granted by the Union of India for the construction of a dam had been granted without proper study and understanding of the environmental impact of the project. Furthermore it was examined whether the environmental conditions imposed by the Ministry of Environment had been violated and if so, what was the legal effect of the violations. The evidence disclosed that the Government had been deeply concerned with the environmental aspects the project and because there was a difference of opinion between the Ministries of Water Resources and of the Environment and Forests the matter was dealt with by the Prime Minister who gave the clearance. The court ordered compensatory measures for environmental protection in compliance with the scheme framed by the Government and ordered the construction to continue while the alleviate measures were carried out.
Full text
Nation.Deci._Vol_3=prelims.pdf
Available in
UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume III, Page 109