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How should courts balance ‘development’ and ‘ecological preservation’ in cases like the Banke Bihari Corridor, Great Nicobar Project, and Himalaya tunnel projects

Posted by jobseeker Aanchal Jha | Approved
Answers (1)

Courts must adopt a constitutional balance grounded in the Doctrine of Sustainable Development, ensuring that economic progress does not override environmental justice, the rights of local communities, and intergenerational equity.

Banke Bihari Corridor Project (Vrindavan)
Aims to decongest temple areas and improve tourism infrastructure.
Local communities and devotees argue that the project:
Ignores the spiritual and ecological sanctity of the area.
May lead to the displacement of residents and destruction of heritage.

➤ Court’s role: Ensure that any development plan has undergone rigorous environmental and heritage impact assessments, and protects cultural ecology.

What Should Courts Do?
Demand Strict Compliance with Environmental Impact Assessments (EIA), Forest Rights Act, and Wildlife Protection Act.

Prioritize Community Participation, especially in tribal and heritage zones.

Apply the Precautionary Principle where irreversible damage is possible (e.g., glaciers, wetlands).

Consider Alternatives – encourage environment-friendly designs or realignment of projects.

Ensure Transparency – demand disclosure of ecological data, public consultation reports, and clearance processes.

Enforce Accountability – penalize authorities for procedural violations and flawed assessments.

Answered by jobseeker Aanchal Jha | Approved

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