Writ Petition Maintainability Insights

Summary

A writ petition under Article 32 can be maintainable if theres a credible threat to fundamental rights, even at a projects preparatory stage. Government actions, like relaxing environmental norms without consulting tribal communities, can be challenged as arbitrary under Article 14. The absence of a standard Environmental Impact Assessment and inadequate resettlement policies may breach constitutional mandates protecting tribal rights and environmental obligations.

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*. Writ Petition under Article *:
- Maintainability: A writ petition under Article * is generally filed for enforcement of fundamental rights. If there's a credible threat or likelihood of such rights being violated, the Supreme Court might entertain the petition even at a preparatory stage. This ensures that preventive action can be taken to safeguard rights before a project fully commences.
*. Government’s Approach to the Narwadeshwa Project:
- Arbitrariness: The relaxation of environmental norms and not consulting affected tribal communities could be challenged as arbitrary. Under Article * of the Constitution, any arbitrary action by the government can be contested as it violates the right to equality, including the principles of reasonableness and fairness in state actions.
*. Environmental Impact Assessment and Resettlement Policy:
- Constitutional Mandates: The Constitution may have provisions that protect the rights of tribal communities and mandate environmental conservation. The absence of a standard Environmental Impact Assessment (EIA) and inadequate resettlement policy might breach these rights. The government is expected to conduct thorough EIAs and implement robust resettlement plans to ensure that the rights of affected communities are not infringed.
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