VidhiSangh

Supreme Court of India · 06/05/2024

TAPAS GUHA & ORS. versus UNION OF INDIA & ORS.

[2024] 6 S.C.R. 75 · 2024 INSC 399

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Summary

Extensive clearance of tea bushes and shade trees for the proposed Silchar airport breached the requirement of prior environmental clearance. It could not be justified as routine cultivation, and NGT had failed to investigate the grievance. Development policy does not excuse environmental noncompliance. The appeals were allowed, unlawful site activity restrained and any environmental-clearance application required to be assessed against the site’s condition before the illegal clearance.

Issues

  1. Whether airport-site vegetation clearance without prior environmental clearance violated the EIA notification.
  2. Whether NGT properly dismissed the environmental grievance without investigation.
  3. What safeguards should govern further site activity and clearance processing.

Provisions considered

Held

Result

Appeals allowed; NGT order set aside. Activity contrary to the EIA notification restrained; clearance applications to use the site’s pre-illegal-clearance condition.

Judgment PDF: Supreme Court of India, [2024] 6 S.C.R. 75.