Supreme Court Stays Tree Felling For Delhi-Dehradun Expressway Till Nov 26; Asks NGT To Decide Afresh

The Supreme Court on Tuesday stayed the felling of trees of the Delhi-Dehradun expressway project till November 26 and directed the National Green Tribunal to decide the validity of the action afresh.

A bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath passed the order in an appeal filed by the NGO 'Citizens For Doon' against the order of National Green Tribunal, passed on October 6, 2021, which declined to interfere in the matter.

The NGO claimed that over 11,000 trees were proposed to be felled for the project.

The Supreme Court allowed appellants the liberty to move an appeal before the National Green Tribunal challenging the order permitting felling of trees along the Delhi-Dehradun Expressway. The Bench in its order set aside the impugned judgement of the National Green Tribunal dated 06.10.2021 and directed the Tribunal to decide the matter afresh. The Bench also granted an ad-interim stay on the further felling of trees until 26.11.2021.

The appellants had moved the National Green Tribunal invoking its jurisdiction under S.14 (1) of the NGT Act, 2010. The Tribunal by its order dated 06.10.2021 declined to entertain the challenge primarily on the ground that the appellants had attempted to circumvent the remedy of an appeal, by involving the jurisdiction under Section14 as opposed to appellate jurisdiction under Section 16.

Senior Advocate Anita Shenoy, appearing for the appellants, argued that an appeal before the NGT would lie under S.16 (e) only against an order of decision made by the state government or other authority under S.2 of Forest Conservation Act 1980. She submitted that the Tribunal was not justified in dismissing the original application invoking the provisions of S.16 for in the absence of order passed by the State government under the provisions of S.2 of the Forest (Conservation) Act, 1980 no appeal would be maintainable.

S.16 (e) of the NGT Act, 2010 stipulates that a person aggrieved by an order or decision made after the commencement of the Act of 2010 by the state government or other authority under S.2 of the Forest Conservation Act, 1980 may prefer an appeal to the Tribunal within a period of 30 days. Hence, the right to an appellate remedy arises upon an order or decision being made by the state government or another authority under the provisions of S.2.

Shenoy pointed out that an extensive exercise of tree felling has been carried out without the order permitting felling of trees dated 27.08.2021 being placed in public domain as a result of which, not only the appellants but the other parties would have been precluded from moving the NGT in the exercise of its appellate jurisdiction.

She further sought that the Court grant an interim stay on the process of felling of trees.

Attorney General K.K.Venugopal, appearing for the Respondents strongly resisted the plea for stay by arguing that "public projects should not be injuncted particularly in the backdrop of all inquisitive clearances having been obtained."

The Bench in its order allowing the appellants the liberty to appeal before the National Green Tribunal noted that:

"Consistent with the provisions of law as they stand, we are of the view that the Tribunal was in error in rejecting the challenge to Stage I clearance by invoking the remedy under S.16. For the above reason, we are inclined to allow the appeal and set aside the impugned judgement and order of the Tribunal dated 06.09.2021 and restore O.A 240/2021 for a decision afresh. In addition, we grant liberty to the appellants to challenge the permission which have been granted for the felling of trees in terms of the provisions of S.16(e) of the NGT Act 2010 read with S.2(a) Forest Conservation Act, 1980 together with the content of the circular dated 27.08.2015. "

Granting an interim stay on the further felling of trees, the Order states:

"As regard the question of stay we are inclined to grant some breathing room to the appellants to move the Tribunal where they maybe in a position to urge all the submissions which are available to them to challenge the orders for the felling of trees. We are at this stage resisting from making any observations on merit so as not to preclude the rights and contentions of the parties. However we direct that appellants would be at liberty to file an appeal and for that purpose there shall be an interim order restraining the further felling of trees which shall remain in operation until 26.11.2021."

Further, the Bench in its order directed the Tribunal to pass a reasoned order on merits with reference to each of the grounds of challenge raised before it in the course of written submissions. It also notes that if the appeal is filed within one week from today, the Tribunal shall entertain the appeal on merits and not reject it on the bar of limitation and that the appeal shall be listed within 24 hours after the filing of the appeal.

Case: Citizen for Green Doon v UOI

Click Here To Read/Download The Order