Case Note & Summary
The case involves appeals by The Auroville Foundation against the final judgment and interim order of the National Green Tribunal (NGT), Chennai, in O.A. No. 239/2021 and M.A. No. 6/2022. The NGT had directed the Foundation to prepare a proper township plan for the Auroville project area (either 778 Ha or 1963 Ha) and obtain Environmental Clearance (EC) under Item 8(b) of the EIA Notification, 2006 before proceeding with further construction. Additionally, the NGT permitted the completion of the crown road subject to conditions to minimize tree cutting and protect water bodies, and appointed a Joint Committee for inspection. The Auroville Foundation challenged these directions, arguing that the NGT exceeded its jurisdiction under the NGT Act, 2010, as the preparation of a township plan and requirement of EC were matters within the domain of the Foundation under the Auroville Foundation Act, 1988, and the Master Plan already approved in 2001 and notified in 2010. The Supreme Court, by interim order dated 13.12.2023, stayed the direction in Para 125(i) of the NGT judgment (requiring preparation of township plan and EC) on the prima facie view that it was outside the Tribunal's jurisdiction. The Court noted that the NGT's role is limited to adjudicating disputes relating to environmental issues and cannot assume planning functions. The appeals were disposed of with the observation that the NGT's directions regarding the crown road and tree cutting were not interfered with, but the direction to prepare a township plan and obtain EC was set aside as being ultra vires the NGT Act.
Headnote
A) Environmental Law - Jurisdiction of National Green Tribunal - Environmental Clearance - NGT Act, 2010, Sections 14, 15, 20 - The Tribunal directed the Auroville Foundation to prepare a township plan and obtain Environmental Clearance under Item 8(b) of EIA Notification, 2006 before further construction. The Supreme Court held that such directions were outside the jurisdiction of the Tribunal as they amounted to assuming planning and regulatory functions not conferred by the NGT Act. The Tribunal cannot substitute its own planning decisions for those of statutory authorities under the Auroville Foundation Act, 1988. (Paras 1-2, 5-6) B) Environmental Law - Interim Directions - Tree Cutting and Crown Road Construction - NGT Act, 2010 - The Tribunal permitted completion of the crown road subject to conditions to minimize tree cutting and protect water bodies. The Supreme Court did not interfere with these interim directions, allowing the Joint Committee to proceed. (Paras 1, 5-6) C) Administrative Law - Master Plan - Auroville Foundation Act, 1988, Sections 17(e), 19(2)(c) - The Master Plan for Auroville was approved by the Governing Board and Residents' Assembly in 1999, further approved by TCPO in 2001, and notified in 2010. The Tribunal's direction to prepare a new township plan was held to be beyond its jurisdiction as it encroached upon the statutory functions of the Foundation. (Paras 3-4)
Issue of Consideration
Whether the National Green Tribunal had the jurisdiction to direct the Auroville Foundation to prepare a township plan and obtain Environmental Clearance before proceeding with further construction, and whether such directions were within the scope of the NGT Act, 2010.
Final Decision
The Supreme Court, by interim order dated 13.12.2023, stayed the direction in Para 125(i) of the NGT judgment (requiring preparation of township plan and EC) on the prima facie view that it was outside the Tribunal's jurisdiction. The appeals were disposed of with the observation that the NGT's directions regarding the crown road and tree cutting were not interfered with, but the direction to prepare a township plan and obtain EC was set aside as being ultra vires the NGT Act.
Law Points
- Jurisdiction of National Green Tribunal
- Environmental Clearance under EIA Notification 2006
- Master Plan under Auroville Foundation Act 1988
- Doctrine of ultra vires
- Separation of powers
