Right to Development and Clean Environment

Right to Development and Clean Environment

In its ruling on The Auroville Foundation vs. Navroz Kersasp Mody (2025), the Supreme Court (SC) affirmed that the right to development through industrialization holds equal importance to the right to a clean environment. The Court stressed the need for a "golden balance" between the two, under Articles 14, 19, and 21 of the Constitution.

Case Background:
In 2022, the National Green Tribunal (NGT) had halted the development of Auroville in Tamil Nadu, citing environmental concerns in the Darkali forest. The Auroville Foundation challenged this order, arguing that the Auroville Master Plan had statutory authority and did not require additional environmental clearance.

SC Ruling:

The SC overturned the NGT’s decision from 2022, upheld the legitimacy of Auroville’s Master Plan, and clarified that the "Darkali forest" is not classified as a forest under the Forest (Conservation) Act, 1980. The Court emphasized fundamental rights, affirming that:

• Article 14 (Right to Equality) guarantees a fair balance between environmental protection and development.

• Article 19 (Right to Freedom) ensures the right to conduct trade and industrial activities, with reasonable restrictions.

• Article 21 (Right to Life) includes the right to a clean environment, alongside sustainable economic development.

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