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A Supreme Court bench of Justices Chandrachud and Aniruddha Bose today while reconstituting the committee to oversee the construction of Delhi-Dehradun expressway held that the judgment of the court in this case cannot be cited as a precedent in other pending cases in this regard.

On the last date of hearing, the Supreme Court refused to issue notice in plea by Citizens for Green Doon challenging the expansion of Delhi-Dehradun expressway. The bench however stated that, it will consider whether a non-government member/organisation can be appointed to the 12 member expert committee set-up by National Green Tribunal. 

Citizens for Green Doon, an NGO had filed an appeal against the order of the NGT, challenging the Stage-I Forest Clearance and Wildlife Clearance granted for the improvement and expansion of National Highway-72 from Delhi to Dehradun.

The Supreme Court had in November 2021 stayed the felling of trees for the improvement and expansion of National Highway-72 from Delhi to Dehradun while directing the National Green Tribunal to decide the said action afresh. The Court while hearing the appeal against the NGT order dismissing the original application filed by Citizens for Green Doon had remarked that the Supreme Court gets to read very unsatisfactory orders of the NGT in appeal and that the tribunal should apply its mind.

Upon being remitted back, the National Green Tribunal in December 2021 had given a go ahead to the project. The NGT in its order noted that “We find it difficult to hold that there is no application of mind by Ministry of Environment Forest and Climate Change for granting the clearance.” The NGT also constituted a 12 member expert committee to look into the environmental aspect of the project.

When the matter came up for hearing today, Attorney General, KK Venugopal, submitted that the court may reconstitute the committee however the Director General of Ministry of Environment and Forest maybe be Chairperson of the committee. Ritwick Dutta, Advocate, appearing for the NGO submitted that mitigation measures must be taken up seriously and diluted.

The court on hearing the submissions reconstituted the existing committee by appointing Director General of Ministry of Environment and Forest as the chairperson of the oversight committee and further appointed Dr. Anil Prakash Joshi, the founder of Himalayan Environmental Studies and Conservation Organisation and Vijay Dhasmana as members.

The court further held that “having regard to the spirit in which the matter proceeded before the court, it may not be followed in any other matter.”  The court further held that it has not expressed its views on the points of law that have been raised in the appeal.

Case title: Citizens of Green Doon Vs Union of India