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Supreme Court Judge Justice BR Gavai Apologises For 2 Months Delay In Pronouncing Judgement
Awstika Das
10 Jan 2023 7:02 AM GMT
“Apologies for the delay in delivering the judgement,” said Supreme Court judge, Justice B.R. Gavai on Tuesday, setting an example to be followed by the judiciary. A Bench of Justices B.R. Gavai and M.M. Sundresh was pronouncing the judgment in a plea against the rampant practice of the conversion of single residential units into apartments in the city of Chandigarh. “We had to consider...
“Apologies for the delay in delivering the judgement,” said Supreme Court judge, Justice B.R. Gavai on Tuesday, setting an example to be followed by the judiciary. A Bench of Justices B.R. Gavai and M.M. Sundresh was pronouncing the judgment in a plea against the rampant practice of the conversion of single residential units into apartments in the city of Chandigarh. “We had to consider all provisions of the various acts and the rules promulgated under them,” the judge said, explaining why the judgement was pronounced more than two months after it was reserved on November 3, 2022.
While enjoining the administration of the Union Territory from unilaterally permitting such a practice in Phase I of Chandigarh in view of its environmental impact as well as the heritage status of the area, Justice Gavai, on behalf of the bench, also said, “It is high time that the legislature, executive, and the policymakers at the centre and state-level take note of the damages to the environment on account of haphazard development and take necessary measures to ensure development does not damage the environment.” A ‘proper balance’ between sustainable development and environmental protection also needed to be struck, the judge said, while urging the appropriate governmental organs to promulgate necessary provisions for carrying out environmental impact assessments before permitting urban development.
Senior Advocate P.S. Patwalia made his appreciation for the bench known by remarking, “The future is now secure.” “Let us hope so. We have done our duty,” said Justice Gavai.
Justice B.R. Gavai was elevated to the top court in 2019, on the strength of a nomination by a collegium led by the then Chief Justice Ranjan Gogoi. He also served as a judge of the Bombay High Court for over 15 years between November 2003 and May 2019.
Detailed report on the judgment to be published separately.
Case Title
Residents Welfare Association & Anr. v. The Union Territory of Chandigarh & Ors. | Special Leave Petition (Civil) No. 4950 of 2022
