SUSTAINABLE DEVELOPMENT

Sustainable Development means the development that meets the needs of present generation without compromising the ability of future generation to meet their own needs. In India there is scope for development too but under one condition that it should get a environmental clearance, the development whichever wants to takes place that should not harm the environment ,both environment and development should go hand in hand .Here sustainable development means fulfilling the present generation demands or wants by development without harming or causing the future generation  to meet their needs in other words to make any new development for the purpose of present generation people that development should not take over the basic needs of future generation .Every country has right to development but that should be sustainable .

Factors Strengthens sustainable development

  1. precautionary principle

2.pollutar pays principle

  1. inter generational equity
  2. Public trust doctrine
  3. Absolute liability

Principle 3 of Rio Declaration also says right to development must be fulfilled and principle 4 says that in order to achieve sustainable development, environmental protection should constitute an integral part of development process and it should give consideration to ecological sustainability and should not be isolated both to each other.

When we can say that development is sustainable development? There are some fundamental environmental law principles which developed over a period of time and whether that country is brought it as a domestic law  then we can say that country making attempt of sustainable development and environmental protection .We are not supposed to use ozone depleting substance in manufacturing activity subject to dome rules .United Nations framework  convention on climate change [UNFCCC] said every country should make attempt to prevent the use of ozone depletion substance in manufacturing activity ,to give effect to it India has paned a rule namely ‘OZONE GAS DEPLETING SUBSTANCE REGULATION’ by virtue of section 3 of Environmental protection Act 1976 .if a country is not adopting these principles in their own legal system is not making attempt of sustainable development. Sustainable development does not mean to close down an industry .it means that development should be taken in sustainable manner. When a question came before the court regarding the sustainable development and environmental protection, the Court will look in to the public utility from that development and environmental degradation if there is less environmental degradation and high public utility then the court allow that development.

Cases

Goa foundation v. Konkan Railways Corporation[1]

Defendant has decided to lay down the railway line from Ernakulum to Mumbai but petitioner said it is a environmental degradation and it should not be allowed. The defendant contented that it is for public purpose as there is no road connectivity between Ernakulum and Mumbai so by this laying down track will helpful for transportation. court gave decision in favour of defendant and allowed to lay down railway track because it is helpful for transportation of goods and it has more public utility .

So by the above case we can come to an conclusion that the court allowed the development of konkan railways by looking to public utility .

Rural litigation entitlement Kendra v. State of Uttar Pradesh[2]

The petitioner filed a PIL in Supreme court for close down of mining activity in Dehradun because it is affecting the environment and it is taking place in ecological sensitive area.

Supreme court reaffirmed the principle of Sustainable development makes observation that development is not anti ethical to the environment .There is no doubt we have to make use natural resources for social development but at the same time we also should know that it should not be against ecological balance .we should remember that there are permanent assets of mankind and not be made for one generation and exhausted in one generation .

Modern approach is that development and environment should go hand in hand unlike the traditional approach that said development and environment can never go hand in hand.

Gujarath Navodaya mandal v. State of Gujarat[3]

In Jamnapur Reliance petroleum chemical ltd. wanted to lay down a pipe line under national park and sanctuary to transfer crude oil .for this activity PIL has been filed .The court held that by this activity it saves 300 million U S dollars  and provides more employment opportunity and allowed for the activity.

Conclusion

Sustainable development is also plays an important role in environmental protection ,India has considered this principle and allowed many useful and good projects that are useful for the society .

[1] AIR 1992 Bom 471

[2] 1989 AIR 594 1989 SCC Supl.(1)537 JT 1988(4) 710 scale (2)1574

[3] AIR 1998 GUJ 141,(1999

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