GUWAHATI: The Supreme Court has set aside a National Green Tribunal (NGT) order that had previously dismissed a plea against the clearing of land for a proposed Greenfield Airport at Doolo Tea Estate in Cachar district of Assam.
The bench, led by chief justice of India (CJI) DY Chandrachud, highlighted that the clearing activities were carried out without obtaining environmental clearance (EC), thus contravening the Environmental Impact Assessment (EIA) notification of 2006.
Expressing concern over the violation of environmental norms, the Supreme Court stated that authorities had acted unlawfully by proceeding with extensive clearance at the site in the absence of environmental clearance.
While acknowledging Assam‘s need for a civilian airport, the Court underscored that adherence to legal provisions is paramount, regardless of the project’s significance.
“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 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,” the Court said.
The Supreme Court criticized the NGT for failing to address the plea and directed that no activity violating the 2006 notification should proceed until further notice.
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Previously, the NGT had dismissed the plea against the clearance of approximately 41 lakh shrubs on March 25.
CJI Chandrachud proposed maintaining the status quo until the EC report is furnished.
However, Solicitor General (SG) Tushar Mehta argued against the Court’s decision, alleging misinformation by the petitioners.
Nevertheless, the Court advocated for a cautious approach, suggesting no further steps until an EIA report is available.
Advocate Prashant Bhushan, representing the petitioners, countered the government’s assertions, alleging inaccuracies in the affidavit submitted by the joint secretary.
The Supreme Court affirmed that the uprooting of shrubs violated the EIA notification, and criticized the NGT for disregarding its duty in dismissing the plea.
The Supreme Court directed that once the EC report is obtained, Assam may proceed with the necessary approvals to commence work.
Additionally, the CJI highlighted that any construction of workers’ homes would also need to comply with the EIA Notification to ensure environmental protection.