Pollution Control Board clearance made mandatory in Karnataka

New Delhi, May 17(UNI) The Supreme Court has directed the Karnataka Industrial Areas Development Board (KIADB) to make it mandatory to obtain clearance from the state Pollution Control Board before allotment of land for development.

A bench comprising Mrs. Justice Ruma Pal and Mr. Justice Dalveer Bhandari vide judgment dated May 12, also directed the appellant Board to properly comprehend the consequence and impact of development on environment before acquiring land for development in future and such acquisition of land must not gravely impair the ecology and environment.

Some agriculturists of villages whose lands were acquired by the Board for allottment to M/s Gee India Technology Centre Pvt. Ltd.

for setting up Research and Development Project had filed writ petition in the state high court challenging the acquisition of their lands as illegal and violative of Articles 14 and 21 of the Constitution of India. According to the petitioners the land situated in village Nallurahalli was gomal land (grazing land for their cattle) and was part of green belt.

The high court vide impugned judgment dated Nov. 26,1999 had directed the state to leave one km. area from the village limits as free zone for green belt.

The KIABD challenging the impugned judgment pleaded that in future the state would not be able to acquire land for development and such blanket directions tantamounted to judicial legislation.

The apex court observed, ''The pollution created as a consequence of development must not exceed the carrying capacity of ecosystem.

The concept of sustainable development was propounded by the 'World Commission on Environment and Development' which very aptly and comprehensively defined it as 'development that meets the needs of the present without compromising the ability of future generations to meet their own needs.' Survival of mankind depends on following the said definition in letter and spirit.'' The court also described the contribution of judiciary in making serious endeavour to preserve and protect ecology and environment in consonance with the provisions of the Constitution during last four decades as interesting judicial pilgrimage.

UNI AKS/SC RP BD1857