VidhiSangh

Supreme Court of India · 16/11/2021

CITIZENS FOR GREEN DOON versus UNION OF INDIA AND OTHERS

[2021] 11 S.C.R. 968 · 2021 INSC 740

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Summary

The Court restored an NGT application challenging forest clearances and allowed an appeal against a tree-felling permission disclosed only during the Supreme Court proceedings. Original environmental jurisdiction was available on these facts and had not improperly circumvented an appeal. Failure to publish the permission, coupled with an incorrect RTI response, impaired access to remedies. A short tree-felling restraint and special filing protection enabled adjudication without deciding the clearance merits.

Issues

  1. Whether the NGT wrongly rejected the original application as circumvention of its appellate jurisdiction.
  2. How nondisclosure of the tree-felling permission affected access to challenge and appropriate interim relief.

Provisions considered

Held

Result

Appeals allowed; NGT dismissal set aside and original application restored. Liberty granted to appeal the DFO’s 27 August 2021 permission. Further tree felling restrained until 26 November 2021. An appeal filed within one week was to be entertained on merits without limitation rejection and listed the next working day; further interim relief could be sought from the NGT.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 968.