Balachandra Bhikaji Nalwade vs. Union of India, 170 (2009) DLT 251

The petition was filed to quash the environmental clearance to construct a coal base thermal power station. The petitioner resides in the project area where he earns his livelihood from a mango orchard.

The judgment considered climate change and the UN Framework Convention on Climate Change. The court also applied the doctrine of sustainable development, which accepts the requirement to industrialize and develop, at the same time accepts that it is necessary to protect the environment. The doctrine has been accepted as law through the Constitution of India, and is justified by intra-generational equity or responsibility and public trust. Lastly, the doctrine of sustainable development has also resulted in the development of the concepts of "Polluter Pays principle," "Onus of Proof" and the "Precautionary Principle." Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost.

The court required the expert appraisal committee to re-examine the approval for the power station and delay allowing operation of the project until that process had been completed.