Property Rights Vs. Environmental Protection: A Legal Analysis of Sustainable Land Use

Abstract

In contemporary legal discourse, the connection both property rights and protecting the environment has grown more intricate. Although property rights give people and organisations the power to own, use, and transfer of land, these privileges are not unqualified and must be weighed against the larger social requirement for environmental sustainability. The legal conflicts between the right to private property and the state's obligation to control land usage for ecological preservation are critically examined in this study paper. Using an examination of legislative regulations, constitutional concepts, and decisions by the courts, the paper investigates how environmentally friendly land use might be achieved without excessively intruding upon ownership rights. With a particular focus on Indian legal innovations like the Article 21, Article 48A, the Law of Public Trust, the Precautionary Principle, and significant rulings pertaining to environmental control on land, the study employs a doctrinal methodology backed by case law analysis. Different strategies for striking a balance between ownership rights and ecological obligations are highlighted by comparative observations from other countries, such as the US and the EU. The study comes to the conclusion that the best method to balance conflicting interests is through an integrated legal framework based on environment constitutionalism and sustainable development. It recommends measures to strengthen land-use planning, promote environmental governance, and harmonise property law foundations with ecological imperatives.