Municipal Corporation of Greater Mumbai vs Pankaj Babulal Kotecha 2025 INSC 792 - Environmental Law - Delayed Grievances - Public Trust Doctrine
Environmental Law - Environmental grievances must be raised promptly when alleged violations commence, not after transformative changes have materialized and become entrenched. (Para 19) [Context: SC set aside High Court’s direction to restore the Subject Property to its original condition as a pond and observed: Though made with laudable intentions, fails to account for the transformed reality and the substantial public benefit derived from the current recreational space. (Para 20)]
Public Trust Doctrine -The public trust doctrine establishes that certain environmental resources are held in trust by the State for the unimpeded enjoyment of the public and for posterity. Although the doctrine imposes a legal obligation upon governmental authorities to protect these resources for public benefit and ecological sustainability, extending to public lands, parks, forests, water bodies, wetlands, and other areas acquired by the State, its application must necessarily be calibrated according to the factual matrix and contemporary public needs. The doctrine, thus, does not operate in isolation but must be harmonized with the objectives of sustainable development and evolving public welfare priorities. (Para 12)
Environmental grievances must be raised promptly when alleged violations commence, not after transformative changes have materialized and become entrenched. #SupremeCourt https://t.co/60lBYmr5oQ pic.twitter.com/viswHFPbBW
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