New Delhi, Mar 17 (UNI) The Supreme Court on Monday set aside the order of the National Green Tribunal (NGT), which had barred the Auroville Foundation from carrying out developmental activities in its township in Puducherry.

A bench comprising Justice Bela M. Trivedi and Justice Prasanna B. Varale found no violation of environmental protection laws in this case and thus set aside the NGT's orders as being "passed without jurisdiction."

The Court criticised the NGT for exceeding its jurisdiction. It held that the Tribunal committed a "gross error" in assuming authority and issuing "legally untenable" directives.

The Apex Court allowed Auroville Foundation’s appeal against the NGT Southern Zone Bench’s April 2022 order that had restricted development until an Environmental Clearance (EC) was obtained.

Pronouncing the verdict, Justice Trivedi emphasised the importance of balancing environmental concerns with developmental rights.

"While the precautionary principle and polluter pays principle are integral to environmental law, the right to a clean environment is a fundamental right under Article 14 of the Constitution. At the same time, the right to development holds equal significance under Articles 14, 19, and 21. Sustainable development requires striking a golden balance between these rights," Justice Trivedi stated.

The NGT’s 2022 order stemmed from a petition filed by Navroz Kersasp Mody, who objected to the Auroville Foundation’s clearing of trees for a proposed crown road project. The petitioner contended that the area was a forest and that the project was causing environmental degradation.

The Auroville Foundation, however, argued that Auroville was conceived as an international cultural township, not a forest and that its activities aligned with its founding vision.

The NGT had directed the Auroville Foundation to draft a detailed township plan, specifying proposed roads, industrial activities, and phased development. It further mandated obtaining Environmental Clearance under Item 8(b) of the Environmental Impact Assessment (EIA) Notification, 2006 and barred further construction until such clearance was granted.

The Supreme Court allowed the Auroville Foundation to proceed with its planned development projects, ensuring that its vision for the township moves forward within the framework of sustainable development.

UNI SNG CS