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Adshead, J (2014) Revisiting the ideologies of planning law: Private property, public interest and public participation in the legal framework of England and Wales. International Journal of Law in the Built Environment, 6(01), 174-93.
Bright, S and Dixie, H (2014) Evidence of green leases in England and Wales. International Journal of Law in the Built Environment, 6(01), 6-20.
Fogleman, V (2014) The contaminated land regime: time for a regime that is fit for purpose (Part 1). International Journal of Law in the Built Environment, 6(01), 43-68.
Fogleman, V (2014) The contaminated land regime: time for a regime that is fit for purpose (Part 2). International Journal of Law in the Built Environment, 6(01), 129-51.
Gill, G N (2014) Environmental protection and developmental interests: A case study of the River Yamuna and the Commonwealth Games, Delhi, 2010. International Journal of Law in the Built Environment, 6(01), 69-90.
- Type: Journal Article
- Keywords: Case law analysis; Commonwealth Games 2010; Developmental interests; Environmental protection; Indian judiciary; Politics and law
- ISBN/ISSN: 1756-1450
- URL: https://doi.org/10.1108/IJLBE-03-2013-0010
- Abstract:
Purpose – The purpose of this paper is to provide a case study of a global challenge: the relationship between commercial development and the protection of eco-fragile systems particularly where river water is involved. It reviews and critiques the legal and political processes that underpinned the Commonwealth Games (CWG) 2010 in Delhi and the building of the accommodation Village on the floodplain of the river Yamuna. Design/methodology/approach – The paper covers the controversial modern history of the Yamuna river that runs through Delhi. The river is “dead” and has been subject to litigation concerning its usage and that of its flood plain. In particular, the controversy peaked prior to the CWG 2010 in Delhi and the required buildings associated with the games. The paper traces the history of the legal actions and the inter-related involvement of the various actors being the politicians, construction developers, the river bank dwellers and the local environmentalists. Close analysis is made of the statutory administrative procedures required for environmental clearance, the subsequent case law both in the High Court of Delhi and the Supreme Court of India. Additionally, usage is made of the media and its concerns over corrupt and negligent practices. Findings – The Indian judiciary in their willingness to promote the construction of the Village failed to apply its own environmental jurisprudence. There was a failure to “lift the veil” and review flawed administrative practices that violated governing statutes. National pride, time pressures, political support, economic interests and rapid urbanisation created a pressure that the courts could not challenge. It was left to investigative committees, after the Games had concluded, to expose these wrongdoings. Originality/value – The paper highlights the issue of the relationship of the courts and political and economic interests and how legally protected ecological interests are ignored.
Kelly, A H (2014) Amenity enhancement and biodiversity conservation in Australian suburbia: Moving towards maintaining indigenous plants on private residential land. International Journal of Law in the Built Environment, 6(01), 91-105.
Palmer, R C (2014) Common law environmental protection: the future of private nuisance, Part I. International Journal of Law in the Built Environment, 6(01), 21-42.
Palmer, R C (2014) Common law environmental protection: the future of private nuisance, Part II. International Journal of Law in the Built Environment, 6(01), 106-28.
Rij, E v and Altes, W K K (2014) Integrated air quality and land use planning in The Netherlands. International Journal of Law in the Built Environment, 6(01), 194-210.
Williams, P (2014) Growing houses and trees: integrating biodiversity conservation and urbanisation: An Australian case study. International Journal of Law in the Built Environment, 6(01), 152-73.