Environmental Governance: Upholding Compliance in Infrastructure Development Ensuring Sustainable Progress through Adherence to Environmental Laws


Summary of Judgement

The appeals stem from the National Green Tribunal's (NGT) order regarding the construction of a commercial airport in Silchar, Assam. Despite the absence of Environmental Clearance, extensive site clearance activities took place, prompting concerns about environmental violations. The NGT's dismissal of the case without thorough investigation raised questions about due diligence. Evidence revealed discrepancies between official statements and on-ground observations regarding tree cutting and eviction. The court emphasized the importance of environmental regulations in development projects and directed a halt to any further illegal activities at the proposed airport site.

Alleged Environmental Violations:

  • Appellants raised concerns over site clearance activities without Environmental Clearance.
  • Extensive eviction and uprooting of trees and tea bushes highlighted.

NGT's Dismissal and Lack of Inquiry:

  • NGT dismissed the case despite acknowledging absence of Environmental Clearance.
  • Critique of NGT's failure to thoroughly investigate the appellants' claims.

Examination of Evidence:

  • Reports and witness statements presented regarding site clearance activities.
  • Contradictions between official statements and on-ground observations discussed.

Violation of Environmental Regulations:

  • Breach of Paragraph 2 of Notification dated 14 September 2006 highlighted.
  • Criticism of state government's justifications for clearance activities.

Importance of Environmental Regulations:

  • Significance of environmental regulations in ensuring sustainable development emphasized.
  • Need for infrastructure development within the confines of environmental laws acknowledged.

Legal Decision and Directives:

  • Appeals allowed, NGT's order set aside.
  • Directive issued to halt further illegal activities at the proposed airport site.
  • Future Environmental Clearance applications to consider site's condition before illegal activities.
  • Pending applications disposed of.

Concerns over environmental violations, critique of NGT's dismissal, examination of evidence, emphasis on environmental regulations, and the court's directives.

Case Title: Tapas Guha & Ors vs Union Of India & Ors

Citation: 2024 LawText (SC) (5) 61

Case Number: Civil Appeal Nos. 4603-4604 Of 2024

Advocate(s): Prashant Bhushan, Ria Yadav, Tushar Mehta, Raghav Shankar, Karan Lahiri, Abhikalp Pratap Singh, Aagam Kaur, Yamini Singh, Kartikey, Ravi Shankar Pandey, Aditya Dixit, Tushar Mehta, Devajit Saikia, Nalin Kohli, Shuvodeep Roy, Saurabh Tripathi, Sumit Kumar, Rukmini Barua, Padmini Barua, Gopal Sankaranarayanan, Debadutta Kanungo, Alice Raj, Rahul Gupta

Date of Decision: 2024-05-06