Virender Gaur and Ors. vs. State of Haryana and Ors., (1995) 2 SCC 577 (India)

The case involved construction on land designated for public use, particularly reserved for open spaces for better sanitation, ventilation and recreational purposes. However, it was subsequently leased out by the government to a private party for 99 years and construction of buildings commenced.

The court found that the action of leasing the land is in violation of the law and the constitution. The court cited the Stockholm Declaration of the United Nations Conference on the Human Environment. The court said that the Declaration affirms both natural and human-made aspects of the environment and protection is essential to his well-being and to the enjoyment of basic human rights, i.e., the right to life itself. The right to have an atmosphere congenial to human existence is the right to life. Enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed.