Green Bench of Supreme Court clears more than 100 projects stuck in environmental litigation for over 5 years

The Green Bench of the Supreme Court, also known as the Forest Bench, which deals with cases relating to environmental violations and allied issues, has witnessed a marked change in its functioning over the past few months..The Bench, which currently comprises Justices BR Gavai and Vikram Nath, has been disposing of matters at a faster pace. While doing so, it has taken a more pragmatic approach to strike a balance between developmental and environmental concerns..Over the past few weeks, it has disposed of around 118 matters relating to various projects that had been stuck due to environmental litigation surrounding the same.These include about 15 matters that were pending for more than 10 years..In one such order passed on February 8, the Court passed a slew of directions with respect to various projects in different states.Here's a look at some of the important orders passed..Directorate of Revenue Intelligence permitted to build headquarters.In a significant order, the Court granted permission to the Directorate of Revenue Intelligence (DRI) to construct its headquarters at Vasant Kunj in New Delhi on a plot that falls under a morphological ridge area.The central empowered committee (CEC) submitted a report before the Court suggesting that such construction be allowed subject to certain conditions. "It could thus be seen that the CEC has no objection if the aforesaid construction is permitted, subject to the conditions stipulated in the said report," the Court noted.It, therefore, allowed the construction, subject to the DRI complying with the conditions mentioned in the CEC report. .Developmental activities in Himachal Pradesh.The Court on February 8 granted permission to the State of Himachal Pradesh to carry out developmental activities for the benefit of people in hilly areas.The order was passed in light of the fact that the State was being constrained to approach the Court for permission to undertake even minimal developmental activities necessary for the citizens residing in rural/hilly areas.This was due to an order passed by the Court on March 11, 2019. "We have noticed that on account of the orders passed by this Court dated 11.03.2019, this Court is flooded with applications after applications, seeking permission to construct primary schools, public health centers, anganwadi centres and other public utility buildings in remote areas. The State is constrained to approach this Court even for seeking permission to connect villages in remote areas by roads. Needless to state, the citizens residing in the remote hill areas cannot be deprived of the developmental activities that are being undertaken in other parts of the country," the Court said.It thus allowed the application filed by the State. However, the top court made it clear that any such developmental activity should not be with respect to forest areas falling within national parks and wildlife sanctuaries..Felling trees for railway overbridges in West Bengal.Another noteworthy case disposed of by the Green Bench was the appeal filed against a 2018 Calcutta High Court decision permitting the felling of 356 trees for constructing five railway overbridges (ROBs). By an interim order dated September 20, 2018, the Supreme Court had stayed the operation of the judgment passed by the High Court. Subsequently, by another order dated January 9, 2020, the top court had appointed a committee of experts comprising five members to take a decision on the best course to be adopted in the present case and to file a report before the Court.When the matter was taken up for hearing on February 8, the Court noted that the committee had recommended that the issue may be solved by constructing local overbridges at a lower cost, potentially saving some of the 306 trees from the axe.However, the Court also noted that the committee itself was not sure whether constructing these local overbridges would save the trees."The report of the committee itself would show that there is a congestion, on account of which, the construction of the project is necessary. They have given an alternative that instead of ROBs local over bridges can be constructed," the Court said.The Bench also noted that on account of the interim orders passed by it, the project was stalled for a period of almost five years. "It cannot be forgotten that every day’s delay in execution of projects escalates their costs. At times, on account of delay in execution of such projects, their cost is multiplied," the order said..It, therefore, upheld the High Court decision and allowed the project to go ahead.The Court, however, kept the petition pending for the consideration of the report of the committee of experts on the subject of compensatory conservation in India.The Central government sought twelve weeks' time to place its views before the Court on the issue."We would appreciate, if the Central Government holds joint meeting with all the stake holders including the representatives of all the State Governments/Union Territories and come out with a unified proposal for consideration of this Court," the Court said..Tiger safaris in national parks.Another case pertained to construction inside a tiger reserve in Uttarakhand. Counsel for the State of Uttarakhand submitted that the concept of jungle tourism permits safaris in jungle areas, for which purpose the construction was done.However, the Court questioned the need to have tiger safaris inside tiger reserves and national parks."Prima facie, we do not appreciate the necessity of having a zoo inside tiger reserves or national parks. The concept of protecting tiger reserves and national parks is that the fauna must be permitted to reside in the natural habitat and not the artificial environs," the Court said..It thus called upon the National Tiger Conservation Authority to explain the rationale behind granting such permission for tiger safaris within tiger reserves and national parks.The Court also passed an interim order barring such construction in tiger reserves and national parks."Until further orders, we restrain the authorities from making any construction within the areas notified as tiger reserves and national parks and wildlife sanctuaries," the order said..E-rickshaws for Matheran?.In an order passed on February 24, the top court sought a report from a monitoring committee on whether e-rickshaws and the laying down of paver blocks should be permitted in Maharashtra's Matheran, which is considered an eco-sensitive zone. After taking into account the submission of Amicus Curiae K Parameshwar, the Court directed the monitoring committee to submit its report within a period of eight weeks. .The Court also prima facie took the view that e-rickshaws could be allowed, but on existing roads, without any paver blocks, which could destroy the natural beauty of the city."Prima facie, we find that laying down of paver blocks would destroy the natural beauty of the said city. It cannot be in dispute that even prior to laying down of paver blocks the manpulled rickshaws were plying on the roads in the said city. If that be so, there should be no difficulty in the E-Rickshaws plying on the same roads, which are in existence for ages. Even in the reserved forests there are no concrete roads and the safari vehicles are plying on the jungle roads. The same can also be considered for the city of Matheran. This, in our view, would balance the concern of both the sides," the order said..[Read Orders]