Case Note & Summary
The Supreme Court of India was hearing a Miscellaneous Application filed by the Union of India, Ministry of Environment, Forests and Climate Change (MoEFCC), seeking directions to take on record the Minutes of the fortieth meeting of the Expert Appraisal Committee (EAC) dated 23 April 2019, so that the embargo imposed by the Court on the Environmental Clearance (EC) for a greenfield airport at Mopa, Goa could be lifted. This application followed the Court's earlier judgment dated 23 April 2019 in Hanuman Laxman Aroskar v. Union of India, which had set aside the EC granted on 28 October 2015, finding the process flawed. The Court had directed the EAC to revisit its recommendations, considering specific concerns highlighted in the judgment, including preservation of forests, ecologically sensitive areas (ESAs), water flow, and socio-economic environment. The EC was suspended pending the fresh exercise. The Court had also directed that the EAC's fresh report be placed before the Court for final orders. In compliance, the project proponent (State of Goa) furnished supplementary information revealing seven reserved forests within 15 km in Goa, twenty-nine proposed reserved forests in Maharashtra, four rivers in Goa, and patches of mangroves. The EAC, in its meeting on 23 April 2019, reviewed the Environmental Impact Assessment (EIA) and noted that the airport site is not fragmenting forest area, and that compensatory afforestation at 1:10 ratio over five years would improve forest cover. The EAC also noted that ten villages in Sawantwadi taluka, Maharashtra, are proposed as ESAs within 10 km of the project, but the nearest is 4.1 km away. The Court, in the present judgment, took the EAC's minutes on record and directed that the EAC's recommendations be placed before the Court for final orders, maintaining the suspension of the EC until then. The Court emphasized the need to balance development with environmental concerns, particularly the biodiversity of the Western Ghats.
Headnote
A) Environmental Law - Environmental Clearance - Revisitation by Expert Appraisal Committee - The Supreme Court directed the EAC to revisit its recommendations for grant of EC for a greenfield airport at Mopa, Goa, considering specific concerns highlighted in the judgment, including preservation of forests, ecologically sensitive areas, water flow, and socio-economic environment. The EC was suspended pending fresh exercise. (Paras 1-4) B) Environmental Law - Western Ghats - Ecologically Sensitive Areas - The Court emphasized the need to preserve biodiversity of the Western Ghats, referencing the High Level Working Group (Kasturirangan Committee) report of 2013. The EAC noted that ten villages in Sawantwadi taluka, Maharashtra, are proposed as ESAs within 10 km of the project. (Paras 3, 8) C) Environmental Law - Forest Conservation - Compensatory Afforestation - The EAC observed that the project would impact forests due to tree felling, but a 1:10 compensatory afforestation program over 5 years would improve forest cover. The Court directed monitoring of plantation of 5.5 lakh saplings by the Government of Goa. (Para 7) D) Environmental Law - Disclosure of Information - Project Proponent's Duty - The Court noted the failure of the State of Goa to provide complete information on reserved forests within 15 km of the proposed airport. Supplementary information later revealed seven reserved forests in Goa and twenty-nine proposed reserved forests in Maharashtra. (Paras 4-6)
Issue of Consideration
Whether the Expert Appraisal Committee (EAC) should revisit the environmental clearance (EC) granted for the greenfield airport at Mopa, Goa, in light of concerns regarding biodiversity, forests, and ecologically sensitive areas in the Western Ghats, and whether the EAC's fresh appraisal should be placed before the Supreme Court for final orders.
Final Decision
The Supreme Court took the Minutes of the fortieth meeting of the EAC dated 23 April 2019 on record and directed that the EAC's recommendations be placed before the Court for final orders. The embargo on the environmental clearance remained suspended until further orders.
Law Points
- Environmental Clearance
- Expert Appraisal Committee
- Western Ghats
- Ecologically Sensitive Areas
- Biodiversity
- Forest Conservation
- Compensatory Afforestation
- Judicial Review
- Article 142 of the Constitution of India
