In a significant legal development, the Supreme Court of India has addressed the issue of unauthorized tea bushes uprooting in the Silchar Airport Project, highlighting the crucial balance between environmental protection and sustainable development. This landmark case sets a precedent for ensuring adherence to environmental regulations to safeguard ecosystems while promoting infrastructural growth in the region.
Facts
- The proposed Airport falls under Category ‘A’, necessitating scoping, public consultation as per EIA Notification, 2006.
- Extensive eviction led to uprooting of 41,95,909 tea bushes and over 10,000 shade trees in two divisions of the Tea Estate.
- Site clearance of 325 hectares with massive uprooting and felling initiated without prior Environmental Clearance.
- Imposition of Section 144 CrPC during eviction, utilizing 1050 bulldozers and excavators for clearing 2500 bighas for the airport.
- NGT held that an Environmental Impact Assessment Report was awaited and Environmental Clearance for the airport had not been granted.
- Statements of witnesses about uprooting of tea bushes and cutting of shade trees during the operation were recorded but not cross-examined.
- Affidavit from the State Government claimed routine removal of tea bushes as part of regular tea cultivation requiring no prior Environmental Clearance.
- Additional land identified for the airport project after AAI’s request, increasing the total land area to 404 hectares.
- Appellants raised concerns about clearance of shade trees and tea bushes without Environmental Clearance despite Notification requirements.
- The NGT observed that the mere inclusion of a clause under ‘Environment Clearances’ in the Notification does not make it mandatory for EIA assessment.
- Appellants moved NGT with grievances regarding lack of Environmental Clearance despite site clearance activities.
Also Read: Scheduled Castes Reservations: Sub-Classification Dispute
Analysis
- The NGT failed to verify the authenticity of the grievance raised by the appellants, showing a lack of due diligence and disregard for environmental concerns.
- The organized operation involving over 200-250 JCBs at the tea garden could not have been done at the behest of the workers, as concluded by the Court.
- The decision on airport location is a matter of policy, but the extensive activities carried out without Environmental Clearance were in breach of regulations.
- The Tribunal’s perfunctory dismissal of the case without proper investigation undermines the purpose of safeguarding the environment and ensuring sustainable development.
- The State Government’s application against the appellants was dropped during the hearing, and orders were issued under Section 144 CrPC.
- Establishing a civilian airport at Silchar was emphasized by the State Government, but the need for an airport does not justify neglecting environmental regulations.
- It was the Tribunal’s duty to verify the authenticity of the appellants’ grievance, considering the claims made about the destruction of vegetation.
- Setting up an airport falls under Entry 7 of the Schedule to the notification dated 14 September 2006.
- No Environmental clearance has been obtained for the establishment of the airport.
- Decisions to establish airports should align with legal frameworks for environmental protection and responsible resource management.
- Development must adhere to environmental standards mandated by the law.
Also Read: Case Summary: Bar Council of India vs. State Bar Councils
Decision
- Pending applications disposed off
- Future applications for Environmental Clearance to be processed based on site conditions before illegal clearance of tea bushes and shade trees
- National Green Tribunal’s order dated 25 January 2024 set aside
- No activities in breach of Notification dated 14 September 2006 allowed at proposed greenfield airport site
Also Read: Time-Barred Arbitration Claim: Landmark Decision by Supreme Court Of India
Case Title: TAPAS GUHA Vs. UNION OF INDIA (2024 INSC 399)
Case Number: C.A. No.-004603-004604 – 2024
