It observed that although the Chief Secretary had issued certain directions, there was no meaningful compliance in the form of restoration of the damage caused as neither any accountability was fixed for past violations nor was any compensation shown to be recovered from the polluting industries.
It held the continuing damage to the environment and public health to be a clear breach of ‘Public Trust Doctrine’ and determined that the State had to be held accountable for it.
“The State has failed to protect environment and provide clean environment to citizens in breach of its to enforce right to life and ‘Sustainable Development’ principle. Lake ecology and eco-system have hugely suffered,” it added.
Thus, it held the state liable to pay environmental compensation as well as to restore the ecosystem. It added that the State is free to recover the compensation from erring violators – industries, encroachers and erring officers, following due process of law.
Source: Barandbench
