Guwahati, 6th May: In a significant ruling, the Supreme Court overturned a decision by the National Green Tribunal (NGT) regarding the clearance of land for a proposed greenfield airport at Doolo Tea Estate in Silchar, 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.
The court emphasized that authorities had acted in violation of the notification by conducting extensive clearance at the site without environmental clearance, despite the need cited by Assam to establish a civilian airport. While acknowledging that the decision on airport location is a matter of policy, the court underscored the importance of complying with prescribed norms outlined in the law.
CJI Chandrachud stressed that no activity breaching the 2006 notification should occur and criticized the NGT for neglecting its duty by dismissing the plea against the clearance of approximately 41 lakh shrubs on March 25.
The court suggested maintaining the status quo until the EC report is received, despite arguments from Solicitor General (SG) Tushar Mehta that the court was misled by the petitioners. The petitioners’ advocate, Prashant Bhushan, countered by alleging false statements in the joint secretary’s affidavit.
Ultimately, the court concluded that the uprooting of shrubs was in violation of the EIA notification, and 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, while noting that the construction of workers’ homes would also violate the EIA Notification.
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