Do Metro Rail Projects Need Environmental Clearance? Supreme Court Leaves Question Of Law Open

The Supreme Court recently disposed of the appeals filed by the Delhi Metro Rail Corporation and Dedicated Freight Corridor Corporation of India Ltd challenging the orders passed by the National Green Tribunal in 2016 mandating environmental clearance for metro rail projects.

While admitting the appeals in 2016, the Supreme Court had stayed the operation of the NGT directions. Following that, the metro rail project in Delhi and Noida were completed.

When the appeals came for hearing on January 4, a bench comprising Justice MR Shah and Justice CT Ravikumar observed that the issue was no longer required to be adjudicated in view of the completion of the project.

The bench observed :

"It is reported and it is not in dispute that thereafter, the entire Metro Rail Project in Delhi and Noida has been completed and the metro rail is running and being used by the public at large.

In that view of the matter when the entire metro rail project is complete and the metro rail is running, the clock cannot be put back and the same shall not be even in the larger public interest".

However, the bench agreed to keep the question of law open. The bench observed :

"In view of the above facts and circumstances, more particularly, when the entire metro rail project is complete and the metro rail in Delhi and Noida is being run and is being used by the public at large, we dispose of the present Appeals by observing that the impugned directions reproduced hereinabove are not to be acted upon in the peculiar facts and circumstances of the case.

However, the questions of law, if any, more particularly, whether with respect to the rail project/metro rail project, the environmental clearance is required or not and other questions of law, if any, are kept open to be considered in appropriate proceedings and the present order shall not be cited as a precedent in any other matters/cases".