Chief Justice J S Khehar today rejected the suggestion of Attorney General Mukul Rohatgi that the government, judiciary and other stakeholders should evolve a mechanism to clear eco-sensitive projects at the outset.
Referring to the Coastal Regulation Zone (CRZ) framed in 1991, the Attorney General said tourism industry has taken a hit as existing laws do not allow construction within the periphery of 500 metres along seashores while countries like the Maldives have constructed hotels on the beaches.
He suggested that governments, judiciary, civil society and other stakeholders should come together and evolve a mechanism to ensure that eco-sensitive projects are cleared at the start and they should not remain stuck for decades during the construction stage or after completion.
The CJI, however, said when any project is formulated by the government, it is the duty of the administration to think of environment and ecology and courts cannot interfere unless the existing environment is changed.
Justice Khehar did not agree to the suggestion that there should not be a prolonged litigation after a project is either conceived or under implementation or has been completed.
"When the Attorney General referred to the CRZ and the comparison with tourist spots in India and other countries, it seemed as if we were competing with somebody. Environment is not a matter of competition and encompasses humanity at large. When a programme is sponsored by the government it is well within the framework to draw a policy which will protect the environment. You may construct hotels, you may construct whatever you wish to, but have regulations for environmental protection and no court can ever interfere.
"The possibility of interference is when the existing environment is altered or when townships are raised without dealing with sewerage and water that is when the problem arises. The problem emerges when we allow industrialisation without any quick measures. The policy of the government in India and elsewhere has to be to allow development in industry but with by taking due care of environment. That's the way forward," the CJI said.
Rohatgi, in his address, said the world was "stressed" on
account of rapid industrialisation and "it is for us that we correct the imbalance as the threat of disaster looms large".
"In the last 25 years (since CRZ laws) what has happened is domestic and foreign tourism which would have come to India is now diverted to our neighbours in South East Asia and if you were to visit any of these countries, you have hotels on the coast, you have buildings right in the middle of the sea accessible by boat.
"I wonder as if it is not that they don't have the concern for sustainable development. If they can do it then it is time for us - the government, courts and stakeholders to see it. Some kind of audit and then they can take a call. What I would like to propose we should not see the environmental court as adversarial jurisdiction..." he said.
The top law officer complimented the National Green Tribunal for its proactive role and said the green panel has established itself as a strong court where people can knock on its doors and complain about environmental degradation.
