Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment Environmental clearance for a greenfield airport |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Environment – Environmental clearance for a greenfield airport – The Union of India sought a direction that the minutes of the fortieth meeting of the Expert Appraisal Committee (EAC) dated 23.4.2019 be taken on the record so that the embargo imposed by the Supreme Court on the Environmental clearance (EC) for a greenfield airport at Mopa Goa can be lifted – Earlier, the Supreme Court in its judgment reported as Hanuman Laxman Aroskar v. Union of India (2019 SCC Online 441) held that the process leading up to the grant of an Environmental clearance on 28.10.2015 was flawed – Held: On reading of the process leading upto the instant proceedings, it cannot be said that EAC has, it its appraisal process, ignored the concerns which were highlighted by the Supreme Court – The EAC has adequately addressed four areas i.e. (i) Forests; (ii) Ecologically sensitive areas; (iii) Western Ghats and (iv) Flora & Fauna and has laid down additional conditions to ensure the adequate protection of the environment – A comprehensive process has been followed by the EAC bearing in mind the requirements of the Airport Guidance Manual – The process which has been adopted by the EAC and its ultimate conclusions must be scrutinized, in the course of judicial review, in the context of the limitations which were attached to the Court conducting a merits based review – Earlier, the Court did not quash the EC but suspended it until the EAC revisited its recommendations in the light of the concerns which were expressed by the Supreme Court – Having assessed the process which took place following the judgment of the Supreme Court and outcome, it would be difficult to hold that it fails to meet the standards which the Court applies in the course of judicial review in the environmental matters – The minutes of the meeting of the EAC dated 23.4.2019 are taken on record – The additional conditions which have been imposed by the EAC shall, together with the original conditions of the EC dated 28.10.2015 and the directions issued by the NGT be cumulatively observed – Also in the earlier judgment, the Supreme Court noted abject failure of the project proponent to provide complete information on the existence of reserved forests – In the proceedings that followed the judgment, the project proponent sought to remedy its failure by taking into account additional information on the significant aspects of the environment – In the process leading to the grant of the EC as well as the Registry of its suspension by the Supreme Court, numerous mitigatory conditions have been imposed on the project proponent – To ensure the oversight of the project by a specialized body to ensure compliance with the directions cumulatively issued by the Court, the National Environmental Engineering Research Institute to be appointed to oversee compliance with directions cumulatively issued by the Supreme Court – The suspension on the EC accordingly, stand lifted. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 49 |
Petitioner | Hanuman Laxman Arooskar |
Respondent | Union Of India & Ors. |
SCR | [2020] 1 S.C.R. 1030 |
Judgement Date | 2020-02-16 |
Case Number | 12251 |
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