NDLI: Hanuman Laxman Aroskar Vs. Union of India

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	matter of policy Environmental clearance (EC) NGT of airport
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, National Green Tribunal Act, 2010 (19 of 2010)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Environmental Law: Environmental clearance (EC) – Grant of – For development of airport in Goa – Challenged before National Green Tribunal (NGT) – NGT affirmed the EC holding that the project did not compromise with the environment and concluded that further safeguards for environmental protection needed to be incorporated – On appeal, held: Rule of law requires a regime which has effective, accountable and transparent institutions – Responsive, inclusive, participatory and representative decision making are key ingredients to the rule of law – Public access to information is fundamental to the preservation of rule of law – Environmental governance that is founded on the rule of law emerges from the value of the Constitution – Health of environment is key to preserving the right to life as a constitutionally recognized value under Art.21 – Proper structures for environmental decision-making find expression in the guarantee against arbitrary action and the affirmative duty of fair treatment u/Art. 14 of the Constitution – In the area of environmental governance, the process of decision-making are as crucial as the ultimate decision – The basic postulate of 2006 Notification was that the path which was prescribed for disclosures, studies, gathering data, consultation and appraisal was designed in a manner that would secure a transparent, responsive and inclusive decision making – In the present case there was failure to follow binding norms under the 2006 Notification – There were serious flaws in decision-making process – Relevant material was excluded from consideration and extraneous circumstances were borne in mind – EAC as an expert body abdicated its obligations to make an expert determination based on reasons – NGT as an adjudicatory body failed to exercise the jurisdiction entrusted to it u/s. 16(h) r/w. s. 20 of NGT Act by merely deferring to the decision to recommend and grant an EC – However, the need for setting up a new airport is a matter of policy – In order to bring about a wholesome balance between the development of infrastructure and preservation of environment, in exercise of jurisdiction of Art. 142 of Constitution, EAC is directed to revisit the conditions subject of which it had granted EC, in a time bound manner – Constitution of India – Arts. 14, 21, 51A(g) and 142 – National Green Tribunal Act, 2010 – ss. 16(h) and 20. Government of India approved setting up of an airport in Goa in the year 2000. Ministry of Environment and Forests of Government of India issued Notification in 2006, mandating prior Environmental Clearance (EC). In 2011 State of Goa as the project proponent submitted Form 1 as stipulated in 2006 Notification. In 2015 Expert Appraisal Committee (EAC) which was constituted under 2006 Notification recommended the grant of an EC for the project and the Ministry concerned approved grant of EC. Grant of EC was challenged by the appellants before the National Green Tribunal (NGT). NGT upheld the EC and imposed additional conditions to safeguard the environment. Hence, the present appeals
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 434
Petitioner	Hanuman Laxman Aroskar
Respondent	Union Of India
SCR	[2019] 5 S.C.R. 916
Judgement Date	2019-03-29
Case Number	12251

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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