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Suo Moto v. State of Rajasthan

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
Oct 20, 2004
Fuente
UNEP, InforMEA
Nombre del tribunal
Rajasthan High Court
Sede de la corte
Jodhpur
Juez
Anil Dev Singh C.J.
Número de referencia
This case was concerned with a petition filed by the Smoke Affected Residents’ Forum. They sought directions from the Court for measures to control and reduce vehicle emissions in Mumbai. In particular, these directions meant to include the availability o
Idioma
Inglés
Materia
Agua, Desechos y sustancias peligrosas
Resumen

This case was concerned with a number of suo moto orders issued by the Rajasthan High Court to the local authorities. The city of Jaipur had problems with large amounts of trash, open sewage and polluted water and this meant to order the authorities to clean-up, restore and maintain the city.

The Court held that municipal bodies needed to ensure the right to life under Article 21 of the Constitution which included the right to a decent environment and the right to live in a clean city.

Lack of sufficient funds could not be seen as an excuse for the authorities to avoid fulfilling their obligations.

Furthermore, the High Court noted that the State should protect the environment and regulate activities degrading it as well as provide work opportunities and shelter in rural areas in order to combat rural-urban migration.

The Court issued directions to the State including directions to plan a waste-management strategy  for effective waste disposal and collection, to build night shelters for homeless people and to educate the public on hygiene, environmental protection and respecting the law.

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