SC: Right to development equals right to clean environment

The Supreme Court on Monday ruled that while the right to clean environment is a guaranteed fundamental right under the Indian Constitution, the right to development through industrialisation holds equal priority. “While the right to clean environment is a guaranteed fundamental right under Articles 14 and 21 of the Constitution of India, the right to development through industrialisation equally claims priority under fundamental rights, particularly under Articles 14, 19 and 21 of the Constitution of India,” held a bench of justices Bela M Trivedi and PB Varale. Holding that the principle is now a recognised part of customary international law, it further cited the Brundtland Report, defining sustainable development as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” The case arose after residents of Auroville approached the NGT, alleging that the Auroville Foundation’s road construction—particularly the Crown Road and Outer Ring Road—was destroying a forested area known as the Darkali Forest. Through a separate judgment, the same bench also struck down a Madras high court order in March 2024 that quashed a standing order issued by the Auroville governing board replacing the Auroville Town Development Council with an advisory group for implementing the master plan. The bench also imposed a cost of ₹50,000 on the petitioner who had assailed the 2022 standing order in the high court, lamenting that it was a motivated petition to “hamper the development of Auroville and to cause obstructions in the smooth functioning of the governing board”.