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Justice Chandrachud while hearing the appeal against the order of National Green Tribunal (NGT) dismissing the original application filed by Citizens for Green Doon remarked that the Supreme Court gets to read very unsatisfactory orders of the NGT in appeal and that the tribunal should apply its mind. Justices Surya Kant and Vikram Nath were sitting in the bench with Justice Chandrachud.

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

Anita Shenoy, Senior Advocate, appearing the the NGO began her arguments by stating that this case has nothing to with the expansion of roads of the army (referring to the previous case which was filed by the same petitioner) and that it pertains solely to a 19 Kms stretch between Ganeshpur and Dehradun.

She submitted that the roads stretched from Rajaji Tiger park to Terai Park Landscape and the forest is home to some of the most endangered species. She submitted that in the previous round of litigation they had approached the court through a writ petition since it involved both the forest and the wildlife. However court granted them a liberty to approach the NGT.

Shenoy argued that as of today only a Stage-I clearance have been granted and that tree felling has begun with this already the authorities require a Stage-II clearance and an order under Section 2 of the Forest (Conservation) Act, 1980. She submitted that the order under Section 2 is amenable to appeal and that since it was not passed as yet, they had approached the NGT by the way of an original application.

She submitted that cutting of trees is a non-forest activity and that it cannot be done without an order under Section 2, and that such orders are to be placed in a public domain. She further submitted that such an order is granted only after fulfilment of many conditions.

Shenoy argued that they had filed an application under Right to Information Act to see if the requisite permission had been granted to cut the trees however the RTI reply said that no such orders had been granted. Justice Vikram Nath questioned Shenoy if she was arguing that the cutting of trees had been done without the sanction of law. Shenoy answered to this in the positive.

She argued that when they approached the NGT, they had not yet gotten a response to their RTI application. She submitted that they had sought for 2 reliefs before the NGT one challenging the Stage-I clearance and the second to cease and desist the tree felling. Justice Chandrachud then asked Shenoy to argue on merits. She submitted that every proposal  has to be scrutinised and tested against the prerequisites, however the this process was not undertaken.

Shenoy argued that despite Rajaji Tiger park being a tiger and elephant corridor a consideration to this effect has not been given to. She submitted that they were not against the road but the government has to consider many aspects before laying roads.

She argued that NGT dismissed their application on the first hearing without even issuing notice. She argued that the tribunal dismissed the application on the ground that they had filed an application circumventing the appeal and that there is no reason to presume that the government will not follow measures laid down under law.

The Attorney General appearing for the union, at this point submitted that both Stage-I and Stage-II permissions have been granted and further submitted that public notice was uploaded in a different website that the appellants were not aware of . The AG shared the documents with the court.

Justice Chandrachud intervened and told Shenoy that despite there being an order, they understand her apprehension that the NGT has the original jurisdiction in such cases and should have accordingly heard them. Shenoy said “Many cases are being remanded back to the tribunal by the Supreme Court because they have been passed without application of mind. How can a tribunal hearing environmental matters function like this despite the court holding it has suo motto powers?”

Justice Chandrachud while remarking that the Supreme Court gets these unsatisfactory orders asked the Attorney General if he can remand the matter back to the NGT. Justice Surya Kant also agreed to Justice Chandrachud’s remark about the NGT.

The AG however informed the court that remanding the matter would lead to another round of litigation and that the court can hear the matter and dispose it off.  The court on hearing the parties directed the AG to circulate the documents available with him to the appellants and that they will hear and dispose the matter on Tuesday.

The matter is now listed for hearing on 16th November.

Case title: Citizens for Green Doon Vs Union of India