CASE ANALYSIS ON HANUMAN LAXMAN AROSKAR v. UNION OF INDIA (AIRONLINE 2019 SC 318)
Sai Prarthana M, B. Com LL. B, (H), 9th Semester, Student at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai (India)
Sai Sathiyapriya M, B. Com LL. B, (H), 9th Semester, Student at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai (India)
In the case of Hanuman Laxman Aroskar vs. Union of India is a significant landmark judgment given by Supreme Court of India, concerning the grant of Environmental Clearance (EC) for the Mopa International Airport project in Goa. The Petitioners in this case challenged the validity of the EC on the grounds that the Environmental Impact Assessment (EIA) process was flawed and failed to adequately assess the consequences of the Airport project. They argued crucial information regarding biodiversity, forest cover, ecological sensitivity, and potential environmental damages was either overlooked during the decision-making process. The Supreme Court emphasized environmental protection and economic development are not mutually exclusive but should be balanced through the Principle of Sustainable Development. The Court observed the EIA serves as an important tool for decision-making and cannot be treated as mere procedural formality. It stressed that environmental governance must be guided by transparency, accountability, public participation and scientific assessment. The Court further recognized the concept of Environmental Rule of Law, which requires authorities to act in accordance with the environmental norms and statutory safeguards. The Court found shortcomings in the appraisal process and concluded that certain environmental concerns had not been addressed. As a result, of which it directed the Expert Appraisal Committee to conduct a fresh and comprehensive review of environmental clearance. The Judgment is widely recognized as a milestone in Indian Environmental Law because it strengthened judicial oversight of Environmental Clearances and reaffirmed the necessity of balancing developmental objectives with environmental protection. It highlighted that environmental procedure must be made through a fair and transparent process. The judgment promotes economic development, and environmental protection should go hand in hand.
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 2233–2245. |
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