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“A Master Plan is a policy document for guiding the future development of the cities or towns in a planned manner which cannot be modified or revised… at the whims and fancies of the authority concerned… It should be implemented in larger public interest.”
In the instant case, reserved Forest Land in Village Kondhwa Budruk, Pune was allotted to private builders after bypassing the doctrine of public trust, thereby revealing an unholy nexus of Politicians, Bureaucrats and the Builders.
by Vasanth Rajasekaran* and Harshvardhan Korada**
“Right to life is deeply entrenched in the protection and conservation of environment, forests, and all the natural resources of the State, as a facet of Article 21 read with 48-A of the Constitution of India.”
No reasonable body of persons or a prudent government or public body can overlook such glaring aspects that a person who is a defaulter of such enormous public money can be recognised to even continue to be a contractor irrespective of its existing contracts which are lucrative toll contracts awarded by public bodies / Governments. Would it not amount to a daylight fraud on the public exchequer ?
Delhi High Court observed that in the present case, the natural resource viz. natural gas was neither ‘bought’ nor ‘sold’ as between Reliance and the Ministry; thus, the public trust doctrine was not contravened.
Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ and Sachin Shankar Magadum J allowed the petition, quashed the initial
National Green Tribunal (NGT): The Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Dr Stayawan Singh Garbyal