LexTAPAS GUHA & ORS. versus UNION OF INDIA & ORS.
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* Author [2024] 6 S.C.R. 75 : 2024 INSC 399 Tapas Guha & Ors. v. Union of India & Ors. (Civil Appeal Nos. 4603-4604 of 2024) 06 May 2024 [Dr Dhananjaya Y Chandrachud,* CJI, J B Pardiwala and Manoj Misra, JJ.] Issue for Consideration The Appellants in an Original Application before the National Green Tribunal (NGT) contended that there was widespread cutting of shade trees, uprooting of tea bushes and eviction of tea estate workers in the Doloo Tea Estate, the site identified for the Greenfield Airport Project in Assam, without obtaining environmental clearance. It was also contended that this was in violation of the provisions of Environmental Impact Assessment Notification, 2006, which necessitates prior Environmental Clearance and public consultation for Category-A projects in its Schedule. Whether the order of the National Green Tribunal (NGT) dismissing the Original Application holding that mere inclusion of a clause under the head ‘Environment Clearances’ in the form of said Notification does not deem the same to be mandatory for purposes of the EIA assessment study is legally sustainable? Headnotes Evidentiary value of the statements recorded on oath of witnesses for preparing the Report of the Secretary of the District Legal Services Authority (DLSA) – Statements show use of 200 to 250 JCBs ‘day and night’ for three days in May 2022 and prohibition in movement of inhabitants during that time – Report recorded that 89 shade trees found to be cut on inspection and a statement of the Circle Officer that 41,95,909 tea bushes have been uprooted – Considered: Held: The Court should keep in mind that the statements of the witnesses, though recorded on an oath, have not been tested on the anvil of cross-examination – Yet the statement of the Circle Officer that 41,95,909 tea bushes have been uprooted, prima facie corroborates it, at this stage. [Paras 10-12] The Affidavit of State Government placed reliance on the communication of the Member Secretary of the SEAC in Assam 76 [2024] 6 S.C.R. Digital Supreme Court Reports – That this was a case of routine uprooting of tea bushes and shade trees to improve production of tea – Disbelieved: Held: The argument of the Solicitor General that the possession of the site was handed over only in June 2022 and hence the destruction of the vegetation in May 2022 was not by the State authorities but likely by the inhabitants is inconceivable – On 11 May 2022, orders were issued by the District Magistrate under Section 144 CrPC – This was a prelude to the organized activities which took place in the month of May 2022, as recorded in the statements appended to the report of the DLSA – An organized operation involving over 200-250 JCBs at the behest of the tea garden workers is implausible – The clearance was evidently not a part of the regular maintenance of the tea estate but to facilitate the proposed new airport. [Paras 13-14] National Green Tribunal (NGT) – Creation of – Purpose – Listed out: Held: The NGT is an expert body established by a Central Statute viz., The National Green Tribunal Act, 2010, to safeguard the environment, ensure sustainable development and facilitate the effective and expeditious disposal of cases related to the protection and conservation of the environment, forests, and other natural resources. [Paras 16-17] National Green Tribunal (NGT) – Perfunctory dismissal of case – Criticized: Held: The Tribunal ought to have verified the authenticity of the grievance – Callous approach towards adjudication undermines the integrity of the judicial process and also compromises the very purpose for which the NGT was established – Such callousness also reflects a lack of due diligence and disregard for the gravity of the environmental concerns raised by the appellants setting a concerning precedent which erodes public trust in the efficacy of environmental governance mechanisms. [Paras 16-17] Environment – Environmental Impact Assessment Notification, 2006 – Para 2 of the Notification – Examined in the light of the facts: Held: Paragraph 2 of the Notification makes it clear that before any construction or preparation of land by the project management except for securing the land, shall require prior environmental [2024] 6 S.C.R. 77 Tapas Guha & Ors. v. Union of India & Ors. clearance from the concerned regulatory authority, which shall hereinafter referred to be as the Central Government in the Mini
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