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A Supreme Court bench of Justices Chandrachud and Aniruddha Bose on Friday refused to issue notice in plea by Citizens for Green Doon challenging the expansion of Delhi-Dehradun expressway.

The bench however stated that on Monday, 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 Ritwick Dutta, Sr. Adv, appearing for the NGO submitted that  the aspect of diversion of forest land for a non forest purpose, the ecological cost has to be looked into and inspection needs to be minute. The court however asked the NGO to submit their grievance before the expert committee set up by the NGT.

Dutta however submitted that the all the members in the expert committee are either associated with the States or the Centre in one way or the other and that there needs to be a person who is not from the government in the committee.

The court at this point asked SG Tushar Mehta who was present in the court for some other matter for his suggestions. The SG while informing the court that he does not have instruction in this matter submitted that, "Not trusting an officer merely because he is a govt servant would not be a correct approach. someone not from govt may have his own notions and no idea of ground level issues, Please leave it to the chief secretary.”

The court however felt that the suggestion of the NGO needs to be considered and asked both the SG and Dutta to come up with a list of names.

The matter will be heard by the court on Monday and finally disposed.

Case title: Citizens for Green Doon Vs Union of India