COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Right to Know

BOMBAY ENVIRONMENT ACTION GROUP, SHAYM H.K. CHAINANI INDIAN INHABITANT, SAVE PUNE CITIZEN'S COMMITTEE v. PUNE CANTONMENT BOARD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
WRIT PETITION NO. 2733 OF 1986
DHARMADHIKARI and SUGLA, JJ.

Introduction

The Petitioners addressed letters to the Respondents, the Pune Cantonment Board, requesting that they be granted inspection of applications made to the Board for building permits and the related plans. The Board refused to accede to this request stating that it was under no legal obligation to provide the public with access to such documents.

The Petitioners filed the Writ Petition in the Supreme Court for a declaration/direction that it was incumbent upon the Cantonment Board to disclose all such documents to the Petitioners and grant them an opportunity to inspect them.

Legal Framework

Constitution of India, Article l9(1)(a).
Pune Cantonment Board Act.

Held

The Supreme Court upheld the right to information and the rights of recognised social action groups to obtain such information, stating that the disclosure of information in regard to the functioning of the Government and the right to know flows from the right of free speech and expression guaranteed under Article 19 (l)(a) of the Constitution. The Court also said "People's participation in the movement for the protection of the environment cannot be over-emphasised. It is wrong to think that by trying to protect the environment they are opposing the various development projects."

The Court also stated that the Cantonment's Executive Officer could refuse permission if it is found that a request for inspection is not made for a genuine purpose or it will be against public interest to grant such inspection.

Cases Cited

1985 AIR S.C. 652
1982 AIR S.C. 149
1975 AIR S.C. 865