SC Lifts NGT Ban On Auroville Project, Stresses Balance Between Development & Environment

The Supreme Court on Monday set aside the National Green Tribunal’s order that had barred the Auroville Foundation from carrying out developmental activities in its township in Puducherry.

A bench of Justices Bela M. Trivedi and Prasanna B. Varale ruled in favor of Auroville Foundation, which had challenged the NGT’s April 2022 decision. The tribunal had stopped the Foundation’s development activities until it obtained an Environmental Clearance (EC).

Pronouncing the verdict, Justice Trivedi emphasized that the right to development is as significant as the right to a clean environment.

The judgment stated, “While environmental laws uphold the precautionary principle and the polluter-pays principle, the right to development also holds equal importance under fundamental rights, including Articles 14, 19, and 21 of the Constitution. Sustainable development requires a balance between both.”

The court found that Auroville Foundation had not violated any environmental protection laws. It criticized the NGT for exceeding its jurisdiction and called its directions “legally untenable.”

The NGT’s order stemmed from a petition filed by environmental activist Navroz Kersasp Mody, who opposed large-scale tree cutting by the Auroville Foundation, arguing that the area was a forest and the development project would harm it.

The tribunal asked Auroville to prepare a comprehensive township plan and obtain Environmental Clearance before continuing construction.

Auroville Foundation, however, maintained that the township was developed as an international cultural hub, not a forest.

With the Supreme Court’s ruling, the NGT’s restrictions have been lifted, allowing Auroville Foundation to resume its developmental projects.

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