Case Note & Summary
The appellants, Wonder Projects Development Pvt. Ltd. and another, were undertaking construction of a residential building in Bengaluru. The State Environment Impact Assessment Authority (SEIAA), Karnataka, granted Environmental Clearance (EC) on 10.01.2018. Respondent No.2 challenged the EC before the National Green Tribunal (NGT), alleging that the project was in the buffer zone of Kaikondarahalli Lake and on Rajkaluves. The NGT appointed a Joint Committee comprising CPCB, SEIAA, KSPCB, and MOEF&CC to inspect and report. The Joint Committee submitted a report on 23.09.2019, which noted that for Survey No.62 (part of the project), a separate report would be submitted due to a related Original Application (O.A. No.602/2019). The NGT, without awaiting this separate report, disposed of the appeal on 03.02.2020, setting aside the EC. The appellants appealed to the Supreme Court. The Supreme Court observed that the NGT had not considered the final Joint Committee report, which was crucial for factual determination. The Court noted that the Joint Committee's final inspection occurred on 05.02.2020, after the impugned order. The Supreme Court set aside the NGT order and remanded the appeal for fresh consideration, directing that the final report be made available and considered. The EC shall not stand revived pending the fresh decision. The Court requested the NGT to dispose of the appeal within six weeks from the first appearance of parties.
Headnote
A) Environmental Law - Environmental Clearance - Buffer Zone - The NGT set aside the EC granted by SEIAA for a residential project in the buffer zone of Kaikondarahalli Lake and Rajkaluves, relying on a Joint Committee report that indicated a separate report would be submitted for the project. The Supreme Court held that the NGT erred in disposing of the appeal without the final report, as the factual determination was incomplete. (Paras 6-10) B) Environmental Law - Joint Committee Report - Remand - The Supreme Court set aside the NGT order and remanded the appeal for fresh consideration, directing that the final Joint Committee report be taken on record and considered. The EC shall not stand revived pending fresh decision. (Paras 10-11)
Issue of Consideration
Whether the National Green Tribunal was justified in disposing of the appeal without considering the final report of the Joint Committee appointed by it, which was relevant for factual determination.
Final Decision
The Supreme Court set aside the impugned order dated 03.02.2020 passed by the National Green Tribunal and restored Appeal No. 54/2018 to the file of the NGT for fresh consideration. The NGT shall take into consideration the report of the Joint Committee prepared in O.A. No.602/2019, which shall be made available by respondent No.7. The Environmental Clearance shall not stand revived at this juncture. The NGT is requested to dispose of the appeal within six weeks from the first date of appearance of parties.
Law Points
- Environmental Clearance
- Buffer Zone
- Rajkaluve
- Joint Committee Report
- Natural Justice
- Remand
