Summary
The Supreme Court lifted suspension of the environmental clearance for the Mopa greenfield airport after considering the Expert Appraisal Committee’s reconsideration. It found the earlier concerns adequately addressed within the standards of environmental judicial review. The original clearance, NGT directions and additional EAC safeguards were to apply cumulatively. The concessionaire’s Zero Carbon Programme undertaking was made enforceable, and NEERI was appointed to oversee compliance at the project proponent’s expense.
Issues
- Whether the EAC’s reconsideration adequately addressed the earlier environmental concerns so that suspension of the airport clearance could be lifted.
Held
- The general challenge to the EAC’s expertise failed on its composition and experience. Co-opting specialists and broader disciplinary representation were commended, but the absence of co-option did not itself invalidate its exercise. (¶¶ 23, 24, 25, 26)
- EIL’s later appointment through competitive tender as an independent construction engineer, after the original clearance, did not invalidate the clearance on the alleged conflict. Environmental approval and compliance supervision remained with the designated authorities. (¶ 27)
- The reconsideration addressed forests, sensitive areas, the Western Ghats, biodiversity, hydrology and public concerns, with additional safeguards. Judicial review ensured relevant inputs, fair procedure and an informed decision; it did not warrant substituting the Court’s technical merits assessment for that of the expert body here. (¶¶ 42, 43, 44, 45)
- All conditions of the original clearance, NGT order and revised EAC assessment were binding cumulatively. Compliance with the Zero Carbon Programme was directed, with specialist NEERI oversight funded by the proponent. (¶¶ 46, 47, 48, 49)
Result
Miscellaneous application disposed of; EAC minutes dated 23 April 2019 taken on record and suspension of environmental clearance lifted. Cumulative environmental conditions and Zero Carbon Programme compliance directed; NEERI appointed to oversee compliance, with its costs, expenses and fees borne by the project proponent.