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SUSTAINABLE DEVELOPMENT IN THE URBAN SETTING

Abhirup Bangara1 and R. Rachita2

ABSTRACT
The Brundtland Report defines sustainable development as development that meets the
needs of the present without compromising the ability of future generations to meet their own
needs. It is the view of the authors that there are a host of legislations in India that seek to
promote sustainable development in rural settings and in important sectors (such as energy
generation plants) in the urban setting. Although measures to promote sustainable
development may exist in the form of rules and bylaws made by local self-government
bodies, it is felt that enough emphasis hasnt been laid on sustainable development in the
environment of the everyday citizen of a metropolis.
With the development of the world and local economies, urbanization has become an obvious
and inescapable phenomenon today. Given that urban areas (metropolises, to be more precise)
have higher population densities, greater energy requirements, generate huge quantities of waste
and so on, it may be presumed that there are greater violations of environmental standards
here than in rural areas, which further emphasizes the need for sustainable development in the
urban setting. This paper seeks to probe into the measures already taken (if any) in cities in
India, and to gauge how these measures stack up against international standards. It also
seeks to delve into the relevance of sustainable development in urban areas, and the
problems faced by authorities to carry out plans that are environment friendly. More
importantly, this paper will attempt to provide solutions and recommendations which may be
adopted by local self-governments to facilitate the growth of green cities that abound in healthy
living, and not disease and pollution.

1 Fourth Year Law Student, BA; LLB (Hons.), School of Law, Christ University, Bengaluru.
2 Fourth Year Law Student, BA; LLB (Hons.), School of Law, Christ University, Bengaluru.

INTRODUCTION
It is not reasonable that art should win the place of honour over our great
and powerful Mother mother Nature. We have so overloaded the beauty and
richness of her works by our inventions that we have quite smothered her.
Michel de Montaigne

Urbanization has become a necessary and unavoidable byproduct of the rapid growth of
businesses and economies today. Often times, human progress has ignored the dire need to
protect our environment, usually from ourselves. Sustainable development seeks to do just this.
Sustainable development is, satisfying the needs of the present, by using the available resources,
without compromising on the ability of future generations to do so as well. Early use of the term
sustainable development involved the future development of the human species within an
ethical framework based around the values of inclusivity, diversity, and integration.3
Today, sustainable development has a host of meanings. The ecological meaning relates
to maintaining the ecological basis of human life within a time-based structure, indicating
concern for both the future and the present. 4 Sustainable development has taken on a scientific
connotation as well, and has been incorporated into the language of the dominant scientificeconomic paradigm,; a language in which the discourse of sustainable development becomes
more of a debate on scientific facts and methodologies and in which success is measured by the
ethic of finance, as opposed to a fully inclusive, and integrated discourse based on an ethic of
values and diversity.5
While much debate has been centered upon the meaning and implications of sustainable
development, a number of fundamental themes have gradually emerged. These include the need
3 A. H. T. Fergus and J. I. A. Rowney, Sustainable Development: Lost Meaning and Opportunity?,
Journal of Business Ethics, Vol. 60, No. 1, 17, 25 (2005).
4 Id. at 19.
5 Id. at 26.

necessity to satisfy basic human needs, achieve equity and social justice, provide for social selfdetermination and cultural diversity, maintain ecological integrity and biodiversity, and integrate
environmental and economic consideration.6
Sustainable development, in the opinion of the authors, would lead to an automatic
improvement in the quality of the lives of people, in terms of their relationship with the
environment. This is in consonance with the law laid down by the Supreme Court in Subhash
Kumar v. State of Bihar7, M. C. Mehta v. Union of India8, and Virendar Gaur v. State of
Haryana9, that Article 21 includes the right to a wholesome environment. It is noteworthy that
courts around the world share the sentiment.10
This paper aims to delve into the need for sustainable development in the urban
setting, in addition to providing recommendations to promote greater sustainability in
urban areas. The scope will extend to understanding the meaning of, and need for sustainable
development generally, while exploring sustainable development in the urban setting. The
methodology adopted for this paper is doctrinal by means of references made to books, articles
and allied sources.

6 Bruce Mitchell, Sustainable Development at the Village Level in Bali, Indonesia, Human Ecology, Vol. 22, No. 2,
189, 190 (1994).

7 AIR 1991 SC 420.


8 1992 (3) SCC 256.
9 1995 (2) SCC 577.
10 ArgentinaIrazu Margarita v. Copetro S. A. (Camara Civil y Comercial de la Plata, 10 May, 1993):.
The right to live in a healthy and balanced environment is a fundamental attribute of the people. Any aggression to
the environment ends up becoming a threat to life itself and to the psychological and physical integrity of the
person.
Columbia
Fundepublico v. Mayor of Bugalagrande y Otros (Juzgado Primero Superior, Interlocutorio # 032, Talua, 19
December, 1991):.
It should be recognized that a healthy environment is a sine qua non condition for life itself and that no right could
be exercised in a deeply altered environment.
Decisions on the same lines have been made by courts in Chile, South Africa, Costa Rica and Bangladesh.

SUSTAINABLE DEVELOPMENT
Sustainable development has been defined in many ways, but the most frequently quoted
definition is from Our Common Future, also known as the Brundtland Report11, which states that
"Sustainable development is development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. It comprises two key
concepts:
1. The concept of needs, in particular the essential needs of the world's poor, to which
overriding priority should be given; and
2. The idea of limitations imposed by the state of technology and social organization, on the
environment's ability to meet present and future needs.12
In other words, sustainable development is a concept through which development is urged
by way of methods that do not harm natural resources. A development that takes place by way of
keeping in mind of resources for the future generations is sustainable development. Sustainable
development basically focuses on the balance that has to be struck between needs,
technological innovations, and the environment.
The European Commission describes sustainable development as: ... meeting the needs of
present generations without jeopardizing the ability of futures generations to meet their own
needs in other words, a better quality of life for everyone, now and for generations to come. It
offers a vision of progress that integrates immediate and longer-term objectives, local and global
action, and regards social, economic and environmental issues as inseparable and
interdependent components of human progress.13
The World Bank has identified the conflicts associated with sustainable development in the
following manner. People concerned about sustainable development suggest that meeting the
11 The World Commission on Environment and Development (WCED), later known as the Brundtland
Commission was formed by the United Nations General Assembly in 1984, in order to unite countries in a
call for action for sustainable development.
12 Available at: http://www.iisd.org/sd/ (AccessedLast visited on 1st Sept. 2013).
13 Available at: http://ec.europa.eu/environment/eussd/ (AccessedLast visited on 1st Sept. 2013).

needs of the future depends on how well we balance social, economic, and environmental
objectives--or needs--when making decisions today. Many of these objectives may seem to
conflict with each other in the short term. For example, industrial growth might conflict with
preserving natural resources. Yet, in the long term, responsible use of natural resources now will
help ensure that there are resources available for sustained industrial growth far into the
future.14
It is also to be noted that sustainable development is not merely a concept that deals with
the preservation of natural resources; it also deals with the protection of human beings (in terms
of their quality of life regarding the environment). It aims at destroying poverty and positively
maintaining human resources.

SUSTAINABLE DEVELOPMENT IN THE URBAN SETTING


Many traditional communities, forest dwellers and subsistence hunting and farming
communities, have engaged in sustainable practices and have been living sustainably.15 However,
it must be borne in mind that the majority of the world population now lives in urban areas, and
it is estimated that if current trends continue, 65% of the population will be urban dwellers by the
year 2025.16 This further reinforces the need for sustainable development in urban areas. It must
also be remembered that sustainable development includes the principles of intra and inter
-generation equity, which emphasizes the need for us (those present) to preserve our resources
for ourselves and for the future (those to come).17

14 Available at: http://www.worldbank.org/depweb/english/sd.html#top (AccessedLast visited on 1st


Sept. 2013).
15 K. K. JAYASHANKAR AND PHILIP JOHNSON, ENVIRONMENTAL LAW 06 (Pacific Books International,
2011).
16 Michael Pacione, Sustainable Urban Development in the UK: Rhetoric or reality?, Geography, Vol. 92, No. 3,
248 (2007).

17 O. V. NANDIMATH, HANDBOOK OF ENVIRONMENTAL DECISION MAKING IN INDIA 12 (Oxford


University Press, 2009).

The major dimensions of sustainable development in urban areas include economic,


social, natural, physical and political sustainability.18 As may be observed, sustainable
development involves the holistic development of an individual and society. However, for the
purpose of this paper, emphasis shall be laid on natural sustainability. Natural sustainability
includes development without harming and excessively depleting natural resources. Sustainable
development brings with it, the allied concept of environmental justice. Environmental justice
exists when environmental risks and hazards (such as pollution, crime) and benefits (like clean
air and water, and health-care) are distributed equitably among social groups, that is, no group or
community bears a disproportionate share of negative environmental consequences resulting
from public or private activities or policies.19 The concept of environmental justice emerged as a
policy issue in the USA in the early 1980s but, until recently, attracted relatively limited attention
in the UK.20
It is important that sustainable development, especially in the context of the urban setting,
permeate to all levels of urban life. This includes life at home, to right up to life at the office.
Thus, sustainable development may be promoted through means such as corporate social
responsibility. Singapore has adopted sustainable tourism as tourism is an important industry in
Singapore, in terms of employment, business activity and being an income generator. The
Singapore Tourism Board (STB) is continuously looking at potential avenues to make Singapore
a competitive destination while at the same time adopting a sustainable approach.21
Sustainable development in the urban setting has the following objectives-.22

Maintain and enhance environmental quality,

18 Pacione, supra note 16 at 250.


19 Id. at 251.
20 Id.
21 Victor R. Savage, Shirlena Huang and T. C. Chang, The Singapore River Thematic Zone: Sustainable Tourism in
an Urban Context, The Geographical Journal, Vol. 170, No. 3, 212 (2004).

22 Dennis S. Mileti and Lori Peek-Gottschlich, Hazards and Sustainable Development in the United States, Risk
Management, Vol. 3, No. 1, 61, 65 (2001).

Maintain and enhance people's quality of life,


Foster local resiliency and responsibility,
Recognize that vibrant local economies are essential,
Ensure inter- and intra-generational equity, and
Adopt local consensus-building.

SUGGESTIONS AND RECOMMENDATIONS


A sustainable city will organize its multiple institutions towards
environmental friendliness. This will be expressed in policy making in
institutional reform, in the growth and appropriate information (and the
reduction of distorted and asymmetrically biased information).
Pugh23

Developing sustainable neighborhoods should be guided by the principle of universal


design. Universal design is the design of an environment, so that it can be accessed, understood
and used to the greatest extent possible by all people regardless of their age, size, ability or
disability.24 The authors propose the following suggestions and recommendations which could be
adopted in the urban setting to promote greater sustainability.

a.

Minimum amount of green area


With the growth of cities, one of the first casualties is plant life. Trees are often
cut to build or widen roads or for other developmental purposes. This is deforestation on
a large scale. It is estimated that nearly 50, 000 trees have been cut in Bangalore alone in
the last couple of years.25
To counter this, we suggest that local municipal authorities require that a
minimum amount of area (the authors suggest a third or a fourth of the land) be
mandatorily set aside for a garden or for the planting of any plants life, in light and heavy

23 Savage, supra note 21 at 214.


24 Para 1.10, Guidelines for Planning Authorities on Sustainable Residential Development in Urban
Areas, Ministry of Environment, Government of Ireland.
25 DECCAN HERALD. Available at: http://www.deccanherald.com/content/33228/garden-city-bangalore50000-trees.html (AccessedLast visited on 1st Sept., 2013).

residential areas.26 Thus, we may enjoy the fruits of development, along with the fruits
b.

from our own backyards.


Research and Development
A gigantic amount of investment in research and development is the need of the
hour in order to develop green energy. The international community needs to join hands
and use their resources for technological breakthroughs that help in developing more and
more green energy that doesnt harm the environment; while at the same time catering to
the energy requirements of all countries. A country which is able to invent new
technology to harvest eco-friendly energy, which is eco-friendly should share theis
knowledge with other countries. Unless and until a joint effort is undertaken, involving
investment in research and development, there cannot be substantial developments in the

c.

area of green energy.


Green Energy
Metropolises consume huge amounts of energy, most of which is wasted.
Bangalore itself consumes over 2,000 MW of energy daily and 30% of the power
generated in the State of Karnataka.27 Although most of the electricity is derived from
renewable sources of energy such as hydro-electric plants, it is no excuse for the city to
waste energy.
The authors suggest that in addition to spreading awareness about the need to
conserve energy and about the use of energy efficient lights, the municipal corporations in
cities can mandate that solar panels be installed in every light and heavy residential
complex for the purposes of water heating, and if possible, electricity. This has been done

d.

in Bangalore city; however its implementation remains to be seen.


Corporate Social Responsibility
Sometimes it is in the long-run interest of the business sector to
restrict the freedom of individual firms so that they do not destroy the
common pool of resources that all of them need, such as natural
resources or the labour force.
Ha Joon Chang in 23 Things They Dont Tell You About Capitalism

26 See Appendix, figure 1.


27 BUSINESS LINE, THE HINDU. Available at http://www.thehindubusinessline.com/economy/bangalorehas-potential-to-save-10-of-power-generated/article3384631.ece (AccessedLast visited on 1st Sept., 2013).

Corporate social responsibility (CSR) is the responsibility recognized by the companies


for acting in socially responsible manner. Though there is no single universally accepted
definition of corporate social responsibility, it has generally come to mean business decision
making linked to ethical values, legal compliance, and respect for people, community, and
environment. The World Bank has defined CSR as a process of managing the cost and benefits of
business activity to both internal (workers, shareholders, investors) and external (institutions of
public governance, community members, civil society groups, other enterprises) stakeholders.
CSR is a commitment to improve community well-being through discretionary business
practices and contributions of corporate sources.28
In order to tackle situations like the Bhopal Gas Tragedy, Unilever Dumping, and so on, a
new initiative was taken by Government of India CREP or The Corporate Responsibility for
Environmental Protection.29 India as a country of over one billion people faces an enormous
challenge to ensure its economic liberalization goes hand in hand with the creation of a more
equitable society. CSR can act as a vehicle for delivering value to all, by mitigating some of the
harmful effects of the kind of globalization we have at present. This is true not just for India but
all countries trading in the global market.30
e. Planning
Planning authorities have a statutory responsibility to plan for the sustainable
development of their areas, primarily through the development plan process but also
through local area plans.31 Planning, for the purposes of this paper will be discussed in
three respects roads, sewage and garbage.
28 PHILIP KOTLER AND NANCY LEE, CORPORATE SOCIAL RESPONSIBILITY: DOING THE MOST GOOD FOR YOUR
COMPANY AND YOUR CAUSE

03 (John Wiley & Sons Inc, 1st ed. 2008).

29 Corporate Social Responsibility (CSR) Standards and Guidelines A Legal Perspective, Available at:
http://www.legalserviceindia.com/article/l362-Corporate-Social-Responsibility.html. (AccessedLast
visited on 24th Aug. 2013).
30 Prabhu Guptara, The Limits of Corporate Social Responsibility in India, Available at:
http://www.wissensnavigator.com/download/prabhu_guptara_india.pdf (AccessedLast visited on 24th
Aug. 2013).
31 Supra note 22 at para 2.0.

Planning is important when it comes to roads, as an unplanned road stymies the


free flow of traffic. This results in frequent traffic jams which more importantly, causes
drivers to move on a lower gear. This is of importance as moving on lower gears
consumes more fuel and is hence a waste, adding to the stress on our already scant fuel
resources.32 An example of an unplanned road and a planned one has been provided in
this paper.33 A good road must have the following characteristics-34
Connectivity and permeability
Sustainability
Safety
Legibility
Sense of Place
Planning is also key when it comes to sewage treatment. Huge quantities of
sewage are generated on a daily basis by large cities. Sewage, if effectively treated at
plants, can be used to generate energy, thus reducing the citys dependence on nonrenewable sources of energy for power. This has been done in New Delhi.
Large cities generate tonnes of waste on a daily basis that pollute the environment
if not properly disposed off, which is usually the case. The setting up of waste treatment
plants, instead of landfills and incinerators which are not environment friendly, must be
encouraged. Segregation of wastes at the household must also be implemented, and has
f.

been in Bangalore.35
Water Conservation
Big cities require and waste a lot of water, compared to rural towns and
villages. As a result of this, cities often face water shortages and usually end up
contaminating and depleting ground water sources. A possible solution to this could be
municipal corporations mandating that provisions for rain water harvesting be made in
light and heavy residential areas and in commercial complexes. This reduces the burden

32 Available at: http://www.ecodrive.org/en/what_is_ecodriving-/the_golden_rules_of_ecodriving/


(AccessedLast visited on 1st Sept. 2013).
33 See Appendix, figure 2.
34 Supra note 24 at para 3.14.
35 Available at: http://218.248.45.169/download/engineering/waste-notice.pdf (AccessedLast visited on
1st Sept. 2013).

on rivers, lakes and other sources of water which are usually the habitats of other flora
and fauna. A rule to this effect exists in Bangalore; however its implementation remains
unsatisfactory.

CONCLUSION
From the above discussion, it is clear that sustainable development is essential in the
urban setting. In the hustle and bustle of life, one must not forget the bounteous glory of nature,
who in truth sustains us. With the coming of industrialisation and globalisation, Mother Nature
has taken a backseat and this can only be to our detriment.
It may also be noticed in the article, that a good deal of the suggestions and
recommendations provided by the authors already exist in the rule books of many municipal and
other allied bodies. The problem does not lie with the lack of rules, but with the lack of
implementation of existing rules.
All in all, it cannot be denied that sustainable development is essential for our very being.
We must also remember that as a society, our goals should be looking at development that
sustains values reflecting progress in our relationships with one another as human beings, our
place in the natural environment, and consequently developments in what it means to be
human.36

36 Fergus, supra note 3 at 18.

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