The Supreme Court has overturned a National Green Tribunal (NGT) order that dismissed a plea against clearing land for a proposed greenfield airport at Doolo Tea Estate, Silchar, Assam.
Led by Chief Justice of India (CJI) DY Chandrachud, the bench noted that the clearing activities were carried out without environmental clearance (EC), violating the Environmental Impact Assessment (EIA) notification of 2006.
"We are of the view that authorities in the present case have acted in violation of the notification by carrying out extensive clearance at the site in the absence of environmental clearance. Assam says the need was to set up a civilian airport. The decision where the airport should be is a matter of policy but when the law prescribes specific norms for carrying out activities. The provision of law has to be complied with and no environmental clearance has been issued till date," stated the Court.
The court emphasized that no activity breaching the 2006 notification should occur and criticized the NGT for neglecting its duty by not considering the plea.
The plea against the clearance of about 41 lakh shrubs was dismissed by the NGT on March 25.
CJI Chandrachud suggested maintaining the status quo until the EC report is received. Solicitor General (SG) Tushar Mehta argued that the court was being misled by the petitioners.
However, the court suggested no further steps until an EIA report is available. Prashant Bhushan, an advocate for the petitioners, countered that false statements were made in the joint secretary's affidavit.
The court concluded that the uprooting was in violation of the EIA notification and that the NGT had neglected its duty by dismissing the plea.
It directed that once the clearance report is received, Assam can apply for the commencement of work. The CJI also noted that the construction of workers' homes would violate the EIA Notification.
