Case Note & Summary
The petitioner, M/s. Leading Hotels, a company registered under the Indian Companies Act, 1956, filed a writ petition before the High Court of Bombay at Goa challenging an order of the National Green Tribunal (NGT), West Zone, Pune. The NGT had allowed an appeal filed by respondents No.1 to 3 (local residents) and respondent No.4 (Goa Foundation) against an environmental clearance granted by the Goa State Environment Impact Assessment Authority (SEIAA) for the construction of a hotel by the petitioner in Tiracol, Goa. The petitioner sought to quash the NGT order, arguing that the NGT lacked jurisdiction to entertain the appeal and that the order was erroneous on merits. The High Court heard extensive arguments from all parties. The court examined the jurisdiction of the NGT under Section 16 of the National Green Tribunal Act, 2010, and found that the NGT had jurisdiction to hear appeals against orders of SEIAA, as such orders are made under the Environment (Protection) Act, 1986. On merits, the court considered the applicability of the Coastal Regulation Zone (CRZ) Notification, 2011, and the Environmental Impact Assessment (EIA) Notification, 2006. The NGT had found that the petitioner's construction was within the CRZ area and required prior environmental clearance, which had not been obtained. The High Court upheld this finding, noting that the petitioner had not produced any valid clearance and the construction was illegal. The court dismissed the writ petition, holding that the NGT's order was correct and that the petitioner had not made out any case for interference. The decision was delivered by a Division Bench consisting of F.M. Reis and K.L. Wadane, JJ., on 30 June 2015.
Headnote
A) Environmental Law - Jurisdiction of National Green Tribunal - Section 16 of National Green Tribunal Act, 2010 - Maintainability of Appeal - The issue was whether an appeal against an order of SEIAA granting environmental clearance lies before the NGT under Section 16 of the NGT Act. The court held that the NGT has jurisdiction to entertain such appeals as the order of SEIAA is a decision under the Environment (Protection) Act, 1986, and the NGT Act provides for appeals against any order or decision made under that Act. (Paras 3-5) B) Environmental Law - Coastal Regulation Zone (CRZ) Notification, 2011 - Applicability to Construction - The court examined whether the construction of a hotel by the petitioner violated CRZ Notification. The NGT had found that the construction was within the CRZ area and required prior environmental clearance. The High Court upheld this finding, noting that the petitioner had not obtained the necessary clearance under the EIA Notification, 2006. (Paras 6-8) C) Environmental Law - Environmental Impact Assessment Notification, 2006 - Requirement of Prior Clearance - The court considered whether the petitioner's construction required prior environmental clearance under the EIA Notification. The NGT had held that the construction was a 'new project' and required clearance. The High Court agreed, stating that the petitioner had not shown any valid clearance and the construction was illegal. (Paras 9-10)
Issue of Consideration
Whether the National Green Tribunal had jurisdiction to entertain the appeal against the order of the Goa State Environment Impact Assessment Authority (SEIAA) granting environmental clearance, and whether the impugned order of the NGT was sustainable on merits.
Final Decision
The High Court dismissed the writ petition, holding that the NGT had jurisdiction and its order was correct on merits. The court found that the petitioner's construction was in violation of CRZ Notification and EIA Notification, and no interference was warranted.
Law Points
- Jurisdiction of National Green Tribunal under Section 16 of NGT Act
- 2010
- Maintainability of appeal against order of SEIAA
- Applicability of CRZ Notification
- 2011
- Environmental Impact Assessment Notification
- 2006
- Requirement of prior environmental clearance for construction in CRZ area
