Case Note & Summary
The petitioner, M/s. Leading Hotels, a company registered under the Indian Companies Act, 1956, challenged the order of the National Green Tribunal (NGT), West Zone, Pune, dated 30/09/2015 in Application No. 32/2015/WZ. The NGT had revoked the environmental clearance granted to the petitioner for construction of a hotel resort at Tiracol, Goa, and directed restoration of the site to its original condition. The petitioner sought to quash the NGT order and restore the environmental clearance. The respondents included local residents, an environmental NGO (Goa Foundation), the Ministry of Environment and Forests, Goa Coastal Zone Management Authority, State Environmental Impact Assessment Authority (SEIAA), State Expert Appraisal Committee (SEAC), Biodiversity Management Committee (BMC), and the State of Goa. The NGT had found that the construction was within 200 meters of the High Tide Line, falling in the No Development Zone under the CRZ Notification 2011, and that the environmental clearance was granted without considering this prohibition. The NGT also noted that the BMC had objected to the project. The High Court, exercising jurisdiction under Article 226, held that its scope of review was limited to errors of law apparent on record and that the NGT's findings of fact were based on evidence and not perverse. The court found no error in the NGT's conclusion that the environmental clearance was void ab initio for ignoring CRZ restrictions. The petition was dismissed, and the NGT order was upheld.
Headnote
A) Environmental Law - Judicial Review - Scope under Article 226 - Challenge to NGT order - The court examined whether the NGT's order suffered from any error of law apparent on record. Held that the High Court's jurisdiction under Article 226 is supervisory and not appellate, and findings of fact by the NGT based on evidence cannot be reappreciated unless perverse or based on no evidence (Paras 4-6). B) Environmental Law - Coastal Regulation Zone - CRZ Notification 2011 - Construction in No Development Zone - The petitioner's hotel construction was within 200 meters of the High Tide Line, falling in the No Development Zone under CRZ Notification 2011. Held that such construction is prohibited without prior approval from the Ministry of Environment and Forests, and the NGT correctly found that the environmental clearance was granted without considering this prohibition (Paras 7-9). C) Environmental Law - Environmental Clearance - Validity - Non-consideration of CRZ restrictions - The SEIAA granted environmental clearance without addressing the CRZ notification. Held that the clearance was void ab initio as it ignored mandatory statutory restrictions, and the NGT's order revoking the clearance and directing restoration was justified (Paras 10-12). D) Environmental Law - Biodiversity Management Committee - Role under Biological Diversity Act 2002 - The BMC had objected to the project on grounds of biodiversity loss. Held that the BMC's views are relevant and the NGT rightly considered them in concluding that the project would have adverse environmental impact (Paras 13-14).
Issue of Consideration
Whether the National Green Tribunal's order dated 30/09/2015 upholding the revocation of environmental clearance and directing restoration of the site suffers from any error of law warranting interference under Article 226 of the Constitution of India.
Final Decision
The High Court dismissed the writ petition, upholding the NGT order dated 30/09/2015. The court found no error of law in the NGT's decision and held that the environmental clearance was void ab initio for ignoring CRZ restrictions. The petition was dismissed with no order as to costs.
Law Points
- Judicial review under Article 226 is limited to errors of law apparent on record
- not factual reappraisal
- National Green Tribunal's findings on environmental impact are entitled to deference
- CRZ notification 2011 prohibits construction in No Development Zone
- Environmental Impact Assessment notification 2006 requires prior environmental clearance
- Biodiversity Management Committee has statutory role under Biological Diversity Act 2002.
