Environmental Protection Case: Supreme Court Restores NGO’s Right to Challenge Land Exchange

The Supreme Court of India has ruled in favor of Sarv Jan Kalyan Sewa Samiti, setting aside the National Green Tribunal’s (NGT) decision that had effectively shut out the NGO from challenging a proposed land exchange involving forest land. The ruling underscores the principle that environmental decisions must be made transparently and in compliance with legal procedures.

Background of the Case

The case revolves around an environmental dispute where the appellant, Sarv Jan Kalyan Sewa Samiti, challenged a proposed exchange of land that involved forest land allegedly encroached upon. The dispute originated before the NGT, where the appellant raised objections to the exchange process, arguing that it violated environmental laws and could lead to ecological degradation.

In its order dated December 5, 2018, the NGT had reiterated that the fourth respondent (the entity proposing the exchange) could submit a proposal to the Ministry of Environment, Forests, and Climate Change (MOEF&CC) and the State Government of Haryana for approval. The Supreme Court had previously observed on February 8, 2019, that the matter was still under consideration, and no final decision had been made.

However, on February 11, 2019, the NGT passed another order, stating that the exchange proposal should be expedited and that the State of Haryana should decide within two weeks, after which the Regional Officer, MOEF&CC, Chandigarh, would take action. The NGT disposed of the original application (OA 124 of 2017), effectively closing the matter for further objections from the appellant.

The appellant then approached the Supreme Court, arguing that the NGT’s action had unfairly prevented it from continuing to contest the land exchange.

Key Legal Issues Before the Supreme Court

• Whether the NGT’s decision to dispose of the case violated the appellant’s right to challenge the land exchange.
• Whether the NGT’s order complied with the Supreme Court’s directive from February 8, 2019.
• Whether the environmental concerns raised by the appellant were adequately considered.

Arguments Before the Supreme Court

Appellant’s (Sarv Jan Kalyan Sewa Samiti) Contentions:

• The appellant argued that the NGT’s order shutting down the case was premature and violated its right to contest the land exchange.
• It contended that the Supreme Court’s order from February 8, 2019, made it clear that the NGO’s objections should still be considered.
• The appellant emphasized that the proposed land exchange could lead to severe environmental degradation and must undergo thorough scrutiny.

Respondents’ (Union of India & Others) Counterarguments:

• The respondents argued that the NGT’s decision was in line with legal procedures and aimed at expediting the decision-making process.
• The fourth respondent claimed that it had already begun dismantling and shifting the wall at the disputed site, demonstrating compliance with environmental regulations.
• The government authorities contended that the Supreme Court’s previous order did not mandate continued litigation but merely required the process to be carried out in accordance with the law.

Supreme Court’s Observations

The Supreme Court analyzed the sequence of events and concluded that the NGT had erred in disposing of the case prematurely. The Court noted the following:

• “The order of this Court dated 8 February 2019 indicates that the reason why the Court did not interfere at that stage with the order dated 5 December 2018 was because it was of an interlocutory nature.”
• “The NGT ought to have, in deference to the order passed by this Court, allowed the process initiated before the State and MOEF&CC to continue, but also permitted the appellant to address its objections.”
• “The consequence of the impugned order is to effectively shut out the appellant from addressing its objections to the proposed exchange before the NGT.”
• “The NGT was duty-bound to follow the order of this Court, and we are constrained to observe that this has not been done.”

The Court found that the NGT’s actions had deprived the appellant of its right to contest the proposal and had not ensured that environmental concerns were adequately addressed.

Final Judgment

The Supreme Court ruled in favor of the appellant and issued the following directives:

1. The NGT’s order dated February 11, 2019, was set aside in its entirety.
2. The original application (OA 124 of 2017) was restored to the file of the NGT.
3. The NGT must now allow the appellant to present its objections to the land exchange.
4. The decision-making process by the State of Haryana and MOEF&CC must continue in compliance with environmental laws, but the appellant’s concerns must be considered.

Conclusion

This ruling is a significant affirmation of the right of environmental activists and NGOs to challenge government decisions that could impact the environment. The judgment reinforces the principle that public interest litigants must be given a fair opportunity to voice their concerns before a final decision is made on environmental matters.

By restoring the appellant’s right to contest the land exchange, the Supreme Court has set an important precedent for future cases involving forest land and environmental regulations. The ruling ensures that government agencies must adhere to due process when dealing with environmental approvals and land transactions.

Petitioner Name: Sarv Jan Kalyan Sewa Samiti.
Respondent Name: Union of India & Others.
Judgment By: Justice Dhananjaya Y. Chandrachud, Justice Hemant Gupta.
Place Of Incident: Haryana.
Judgment Date: 16-04-2019.

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