The Supreme Court of India has set aside the National Green Tribunal's (NGT) order that barred the Auroville Foundation from carrying out developmental activities in its township project in Puducherry. The Court emphasized that the right to development is as crucial as the right to a clean environment, calling for a balanced approach to sustainable growth.
The bench, comprising Justice Bela M. Trivedi and Justice Prasanna B. Varale, allowed the appeal filed by the Auroville Foundation against the NGT's April 2022 order. The NGT had prohibited the Foundation from continuing its developmental activities until it obtained an Environmental Clearance (EC).
While pronouncing the verdict, Justice Trivedi stated,
"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."
The Court found no evidence of environmental law violations in the Auroville project. It held that the NGT had committed a "gross error" by assuming jurisdiction and issuing directions that were
"untenable in law." Consequently, the Supreme Court set aside the NGT's directions, calling them "passed without jurisdiction" and "legally untenable."
Background of the Case
The NGT's order came in response to an application filed by Navroz Kersasp Mody, who challenged the Auroville Foundation's decision to cut down a large number of trees for its township project. Mody argued that the area in question was a forest and that the project would lead to its destruction. He sought to restrain the Foundation from felling trees or clearing undergrowth in the Darkali Forest or any other area in Auroville for the proposed crown road project.
On the other hand, the Auroville Foundation contended that the area was developed as an international cultural township and not as a forest, as claimed by the applicant.
The NGT had directed the Auroville Foundation to prepare a detailed township plan, including proposed ring roads, types of industries, and other activities planned for the area. It also mandated the Foundation to obtain Environmental Clearance (EC) under Item 8(b) of the EIA Notification, 2006, before proceeding with any construction.
However, the Supreme Court's ruling has now overruled these directions, allowing the Foundation to continue its developmental activities without the need for prior environmental clearance, as no legal violations were found.
Case: The Auroville Foundation v Navroz Kersap Mody and others | CA 5781-5782/2022
Report to be updated after the judgment is uploaded.
Supreme Court Upholds Governing Board's Authority in Auroville Foundation Dispute
