Case Note & Summary
The Supreme Court heard appeals against an order of the National Green Tribunal (NGT) dismissing an application concerning the construction of a Greenfield Airport at Silchar, Assam. The Ministry of Civil Aviation decided to build a commercial airport on land admeasuring 404 hectares, comprising three tea estates, with Doloo Tea Estate selected as the site. The Airport Authority of India conducted a feasibility study and identified the site. The appellants, represented by Mr Prashant Bhushan, moved the NGT alleging that despite the requirement of Environmental Clearance under the EIA Notification 2006, the site had been cleared of shade trees and tea bushes without such clearance. They raised concerns about extensive eviction, uprooting of 41,95,909 tea bushes and over 10,000 shade trees, and ongoing site clearance. The NGT dismissed the application, holding that the Environmental Impact Assessment Report was awaited and the plea for restraint was without merit. The Supreme Court, upon appeal, directed the Secretary of the District Legal Services Authority, Cachar to visit the site and submit a report. The report revealed that 89 shade trees were cut and 41,95,909 tea bushes were uprooted. The court noted that the statements of witnesses indicated that the uprooting and felling occurred in May 2022 using heavy machinery. The court held that prior Environmental Clearance is mandatory before any construction work or preparation of land for Category A projects, and the activities undertaken constitute 'preparation of land'. The court directed that no further construction or land preparation shall take place until Environmental Clearance is obtained, and the project proponent must apply for clearance within four weeks. The court also directed the Ministry of Environment, Forest and Climate Change to process the application expeditiously.
Headnote
A) Environmental Law - Prior Environmental Clearance - Mandatory Requirement - Environmental Impact Assessment Notification, 2006, Paragraph 2 - The court held that prior Environmental Clearance is mandatory before any construction work or preparation of land for Category A projects, including airports. The uprooting of 41,95,909 tea bushes and felling of shade trees constitutes 'preparation of land' requiring clearance. The court directed that no further construction or land preparation shall take place until Environmental Clearance is obtained. (Paras 2-15) B) Environmental Law - Precautionary Principle - Sustainable Development - The court emphasized the need to balance development with environmental protection, applying the precautionary principle. The court noted that the project proponent cannot proceed with activities that may cause irreversible environmental damage without prior assessment. (Paras 12-15)
Issue of Consideration
Whether construction of a Greenfield Airport can proceed without prior Environmental Clearance under the EIA Notification 2006, and whether the uprooting of tea bushes and felling of shade trees constitute 'construction work' or 'preparation of land' requiring such clearance.
Final Decision
The Supreme Court allowed the appeals, set aside the NGT order, and directed that no further construction work or preparation of land shall take place at the site until Environmental Clearance is obtained. The project proponent must apply for Environmental Clearance within four weeks, and the Ministry of Environment, Forest and Climate Change shall process the application expeditiously.
Law Points
- Prior Environmental Clearance mandatory before any construction or land preparation for Category A projects
- Environmental Impact Assessment Notification 2006
- Precautionary Principle
- Sustainable Development
