Rapid Fire
Right to Development and Clean Environment
- 20 Mar 2025
- 2 min read
The Supreme Court (SC), in The Auroville Foundation vs. Navroz Kersasp Mody (2025), ruled that the right to development through industrialization is equally significant as the right to a clean environment, emphasizing a "golden balance" between the two under Articles 14, 19, and 21 of the Constitution.
- Case Background: The National Green Tribunal (NGT) halted Auroville’s development in Tamil Nadu in 2022, citing environmental concerns in the Darkali forest.
- The Auroville Foundation challenged the decision, asserting that Auroville’s Master Plan had statutory authority and required no additional environmental clearance.
- SC Ruling: SC overturned NGT’s 2022 order, upheld Auroville’s legally valid Master Plan, and ruled that "Darkali forest" is not classified as a forest under the Forest (Conservation) Act, 1980.
- SC emphasized fundamental rights, stating that Article 14 (Right to Equality) ensures a fair balance between environmental protection and development, Article 19 (Right to Freedom) safeguards the right to trade and industrial activities with reasonable restrictions, while Article 21 (Right to Life) includes the right to a clean environment alongside sustainable economic progress.
| Read more: Balancing Development With Environment |
