Supreme Court Sets Aside NGT Bar On Auroville Township Project, Says Development Equally Important As Environment Protection

The Supreme Court on Monday (March 17) set aside the order of the National Green Tribunal which barred the Auroville Foundation from developmental activities in their township in Puducherry.

A bench comprising Justice Bela M Trivedi and Justice Prasanna B Varale allowed the appeal filed by Auroville Foundation against the order passed by the NGT Southern Zone Bench in April 2022, which barred the Foundation from its developmental activities till they obtained an Environmental Clearance.

Pronouncing the verdict, Justice Trivedi said that the right to development was equally important as the right to clean environment.

“Though it is true that precautionary principle and polluter pays principle are part of the environmental law of the country, it is equally true that while the right to clean environment is a guaranteed fundamental right under Article 14 of the Constitution of India, the right to development equally claims priority under the fundamental rights, particularly under Articles 14, 19 and 21 of the Constitution. Therefore, there is a need for sustainable development striking a golden balance between the right to development and the right to clean environment,” Justice Trivedi read out the judgment.

The Court found that in the instant case there was no violation of any law related to environmental protection and hence, the Tribunal committed “gross error” in assuming the jurisdiction and giving directions, which were “untenable in law.”

The Court set aside the NGT’s directions as “passed without jurisdiction” and “legally untenable.”

The NGT passed the order in an application filed by one Navroz Kersasp Mody challenging the cutting of a large number of trees by the Auroville Foundation. The applicant claimed that the area was a forest area and that the project of the respondent foundation was causing the destruction of the forest.

The applicant thus sought to restrain the Foundation from felling any tree or clearing undergrowth in the Darkali Forest or any area in Auroville for the proposed crown road project.

The Foundation, on the other hand, claimed that Auroville was developed as an international cultural township and not as a forest as contended by the applicant.

The NGT directed the Auroville Foundation to prepare a proper township plan with respect to the area presently in its possession or the area of land visualized by the MOTHER and give details regarding the proposed ring roads, nature of industries, and other activities that they wish to establish in the area and the number of phases in which it plans to execute the development projects. The Auroville Foundation was further directed to obtain Environmental Clearance (EC) as it will fall under Item 8 (b) of the EIA Notification, 2006 as amended from time to time. Till then they are directed not to proceed with further construction in the project area.

Case : The Auroville Foundation v Navroz Kersap Mody and others | CA 5781-5782/2022

Report to be updated after the judgment is uploaded.

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