Hon'ble Supreme Court of India observed, “The “precautionary principle” and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is not known….
Water is one element without which life cannot sustain. Therefore, it is to be regarded as one of the primary duties of the Government to ensure availability of water to the people….
The courts, in the exercise of their jurisdiction, will not transgress into the field of policy decision….
Just because a petition is termed as a PIL does not mean that ordinary principles applicable to litigation will not apply. Laches is one of them…
Public interest litigation should not be allowed to degenerate to becoming publicity interest litigation or private inquisitiveness litigation….
If a considered policy decision has been taken, which is not in conflict with any law or is not mala fide, it will not be in public interest to require the court to go into and investigate those areas which are the function of the executive….
A hard decision need not necessarily be a bad decision….
Environmental concern has not only to be of the area which is going to be submerged but also its surrounding area. The impact on environment should be seen in relation to the project as a whole. While an area of land will submerge but the construction of the dam will result in multifold improvement in the environment of the areas where the canal waters will reach.”
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