Supreme Court bats against transfer of community resources

News: The Supreme Court has held that the government has no right to transfer invaluable community resources like village water ponds for commercialization of the property.

What was the issue?

  • The petition was filed against the transfer of village ponds sites of Saini Village in the National Capital Region to some private industrialists by the Greater Noida Industrial Development Authority.

Key points of the judgement:

  • The protection of village commons is essential to safeguard the fundamental right guaranteed by Article 21 of our Constitution.
  • These common areas are the lifeline of village communities and often sustain various chores and provide the resources necessary for life.
  • Further, the State cannot divest villagers of their existing source of water even if it promises to provide them an alternative site where the water body can be replicated. 
  • Such an attitude would display mechanical application of environmental protection.

Article 21(Protection of life and personal liberty): No person shall be deprived of his life or personal liberty except according to the procedure established by law.