Environmental and Ecological Protection Samithy vs. The Executive Engineer, 1991 (India)

The petition was filed due to indiscriminate felling of bamboo trees along the bank of the Siruvani River, leading to soil erosion, landslides and detrimental effect to groundwater. On the other hand, the respondent who purchased the right to cut bamboos from the government of Kerala has allegedly invested large sums of money and will be put to irreparable loss if he is not allowed to cut and remove the bamboos.

The court said that the competing claims for preservation of ecology and exploitation of natural resources have to be balanced. The needle of the balance is constitutional right to life which comprehends the  right to environment, among others. The Stockholm Convention and the United Nations Declaration of Human rights both recognized the right to environment as a basic human right. The court further recognized the forests’ role as a carbon sink, acting as a “global thermostat.” The court held that the bamboo and vegetation were essential for sustaining the life of a perennial river. It directed the respondents to stop cutting and removing the bamboo clusters and other vegetation.