Nishka Srinivas Veluvali –
Published On: November 16, 2021 at 22:00 IST
On Tuesday, the Supreme Court Ordered the Centre to put a stay on the plan that proposed felling of approximately 11,000 trees for the expansion of Delhi – Dehradun expressway till November 26 and directed the National Green Tribunal to infer the authenticity of this project afresh.
Justice DY Chandrachud, Surya Kant and Vikram Nath put forth the Order in the Appeal Filed by the NGO ‘Citizens for doon’ opposing the order of National Green Tribunal, passed on 6 October, 2021 that refused to pry in the matter.
The Bench in its order laid aside the Judgement of the NGT on 6 October, 2021 and ordered the Tribunal to resolve this issue afresh. The bench even permitted an ad – interim stay on the further felling of trees until 26 November, 2021.
The Appellants had advanced the NGT citing its Jurisdiction under Section 14(1) of the National Green Tribunal, Act, 2010. The Tribunal in its order of October 6, 2021 refused to entertain the issue by including the Jurisdiction under Section 14 as opposed to Appellate Jurisdiction under Section 16.
The Bench in its order allowing the appellants the liberty to appeal before the National Green Tribunal noted that“Consistent with the provisions of law as they stand, we are of the view that the Tribunal was in error in rejecting the challenge to Stage I clearance by invoking the remedy under Section 16. For the above reason, we are inclined to allow the Appeal and set aside the impugned Judgement and order of the tribunal dated 06.10.2021 and restore O.A 240/2021 for a decision afresh. In addition, we grant liberty to the Appellants to challenge the permission which have been granted for the feeling of terms in terms of the provisions of Section 16 (e) of the NGT Act 2010 read with Section 2(a) Forest Conservation Act, 1980 together with the content of the circular dated 27.08.2015.”
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