On January 10, the division bench of the Supreme Court led by Justices B.R. Gavai and BV Nagarathna strongly urged the legislature and executive wings of the centre and the states to consider the harmful effects of 'haphazard' urban planning and take mitigating measures to ensure that the environment is not sacrificed at the altar of development.

"We therefore appeal to the Legislature, the Executive and the Policy Makers at the Centre as well as at the State levels to make necessary provisions for carrying out Environmental Impact Assessment studies before permitting urban development", the Court stated this while citing the example of Bangalore, which was once considered one of India's best cities but is now struggling to deal with the problems of heavy floods and waterlogging, a lack of potable water, nightmarish traffic jams, poor garbage disposal, and rapidly shrinking water bodies due to such unsystematic and thoughtless city planning.

Taking judicial notice of the cover story published in the weekly "India Today" on October 24, 2022, titled "Bengaluru - How to Ruin India's Best City" by Raj Chengappa and Ajay Sukumaran and stated : "The warning flagged by the city of Bengaluru needs to be given due attention by the legislature, executive and the policy makers. It is high time that before permitting urban development, EIA of such development needs to be done".

“Before we part with this judgement”, Justice Gavai wrote, “We observe that it is high time that the legislature, executive, and the policymakers at the centre and state levels take note of the damages to the environment on account of haphazard development and take a call to take necessary measures to ensure that the development does not damage the environment.”

A Division Bench was hearing a petition by a residents' welfare association against the widespread practise of converting single residential units into apartments in Chandigarh, which, the petitioner claimed, irrevocably altered the character of India's first planned city and overburdened the existing infrastructure and facilities. A 'proper balance' between sustainable development and environmental protection was also required, according to Justice Gavai, as stated in the judgement. The Bench also urged the appropriate governmental organs to enact the necessary provisions for conducting Environmental Impact Assessments prior to approving urban development. “We hope the Union of India as well as the state governments will take earnest steps in this regard,” Justice Gavai said.

Case Title: Residents Welfare Association & Anr. v. The Union Territory of Chandigarh & Ors. 
Citation: Special Leave Petition (Civil) No. 4950 of 2022
 
Link: https://main.sci.gov.in/supremecourt/2022/5533/5533_2022_8_1501_40894_Judgement_10-Jan-2023.pdf