Today, On 17th March, The Supreme Court of India ruled that the right to development is as important as the right to a clean environment under fundamental rights. It set aside a National Green Tribunal (NGT) order that had stopped development activities by the Auroville Foundation in Puducherry. The court emphasized the need for a balanced approach between environmental protection and developmental needs.
New Delhi: The Supreme Court on Monday set-aside a National Green Tribunal order that prohibited the Auroville Foundation from conducting ‘development’ activities within its township in Puducherry.
The Court stated,
“Right to development holds equal priority to the right to a clean environment under fundamental rights.”
A bench consisting of Justice Bela M. Trivedi and Justice Prasanna B. Varale granted the appeal submitted by the Auroville Foundation, challenging the April 2022 order issued by the NGT Southern Zone Bench.
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This order had prohibited the Foundation from engaging in any developmental activities until it obtained the necessary Environmental Clearance.
The Supreme Court annulled the NGT order, stating it was issued “without jurisdiction” and was “legally untenable.”
The Court noted that there was no evidence of any legal violations concerning the necessary environmental protections.
However, Justice Trivedi emphasized,
“Need for sustainable development that achieves a harmonious balance between the right to development and the right to a clean environment.”
The NGT order was prompted by an appeal from Navroz Kerasp Mody, who contested the Auroville Foundation’s extensive tree cutting, arguing that the area qualified as a ‘forest’ and that the township’s development plans would threaten the green space.
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In response, the Auroville Foundation contended that it had been established as an ‘international cultural township’ and should not be classified as a forest area.
The NGT subsequently instructed the Foundation to submit a plan for the proposed construction, which included ring roads and industrial zones, and mandated that environmental clearances be obtained. All work was to be suspended until these conditions were fulfilled.
Case Title: The Auroville Foundation v Navroz Kersap Mody and others.
CA 5781-5782/2022
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