Hanuman Laxman Aroskar v. Union of India
Background
The case concerned the grant of an Environmental Clearance (EC) for a proposed greenfield international airport at Mopa, in North Goa, on an ecologically sensitive tabletop plateau. The National Green Tribunal (NGT) had affirmed the EC while adding further environmental safeguards. Two sets of appellants, a local resident, Hanuman Laxman Aroskar, and the Federation of Rainbow Warriors, challenged the NGT's order, arguing that the environmental clearance process suffered from serious deficiencies, including non-disclosure of vital information, inadequate assessment of forests and ecologically sensitive zones, and a defective public consultation process.
Decision Breakdown
The Supreme Court held that there had been a genuine failure of due process in the Environmental Impact Assessment, starting with non-disclosure of vital information by the project proponent, and that the Expert Appraisal Committee (EAC) had failed to properly consider ecologically sensitive zones and other crucial environmental facets. The Court also held that the NGT, while exercising its appellate jurisdiction, had failed to carry out the "merits review" required of it and had disposed of serious objections in essentially one paragraph. The Court allowed the appeals, suspended the EC, and directed the EAC to revisit its recommendations and conditions within one month in light of the concerns highlighted in the judgment, with the EAC's revised report to be placed before the Supreme Court itself for final orders, while making clear that the need for a new airport is a legitimate policy goal, but the decision-making process to get there must be transparent, disclosed, and scientifically rigorous.
Lesson Learnt
Environmental clearances for major infrastructure projects can be struck down, even after years of planning and a lower tribunal's approval, if the underlying process (disclosure, expert appraisal, and public consultation) was not conducted properly; the process of decision-making is treated as being just as important as the final decision itself.