Moncrieff, J., Massheder, J., Wright, I.R. and Gash,. J.H.C. (1995). Fluxes of carbon dioxide and water vapour over an undisturbed tropical forest in south-west.
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& ! 34566578 & , - $. ' $ + & ( 0 ,& & -$ 9 + & 4!' !47 , &: 8 ! ; -& 6)@RUHVWVLQ,QGLD>DUH@DQLPSRUWDQWSDUWRIWKHHQYLURQPHQW They constitute [a] national asset. The Forest Bench of the Apex court in the case of T.N. Godavarman v. Union of India13 held that ³LQWHUJHQHUDWLRQDOHTXLW\´LVSDUWRI$UWLFOHRIWKH Constitution. a) What is inter-generational equity? The present generation is answerable to the next generation by giving to the next generation a good environment. We are answerable to the next generation and if deforestation takes place rampantly then inter-generational equity would stand violated. The doctrine of sustainable development also forms part of Article 21 of the Constitution. 14 7KH ³SUHFDXWLRQDU\ SULQFLSOH´ DQG WKH ³SROOXWHUSD\VSULQFLSOH´IORZIURPWKHFRUHYDOXHLQ$UWLFOH
TRANSDISCIPLINARY ENVIRONMENTAL ISSUES Editor: Anil K Dwivedi
b) Whether Forests belong to StateThe important point to be noted is that in this case we are concerned with vesting of forests in the State. When we talk about inter-generational equity and sustainable development, we are elevating an ordinary principle of equality to the level of overarching principle. In the case of Bombay Dyeing & Mfg. Co. Ltd V Bombay Environmental Action Group15 the court observed: It is often felt that in the process of encouraging development the environment gets sidelined. However, with major threats to the environment, such as climate change, depletion of natural resources, the entrophication of environment systems and biodiversity and global warming, the need to protect the environment has become a priority. At the same time, it is also necessary to promote development. The harmonization of the two needs has led to the concept of sustainable development, so much so that it has become the most significant and focal point of environmental legislation16 (Emphasis Supplied) Concluding Remarks The Supreme Court of India has been conscious to the issue of environment which is evident from the judgements from 1980 to 2010. A separate forest or environment bench has been made on the initiative of this court which will see biodiversity cases if required. Protection of biodiversity is not only the responsibility of ϯϱϳ
