Ajit Karn
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The Supreme Court has refused to stop the operation of the Noida Metro for environment clearance, noting that the metro rail project is complete and running. The court was hearing an appeal filed against the May 31, 2016 order of the National Green Tribunal (NGT), which directed that all metro rail projects require environment clearance after conducting a proper environmental impact assessment.
Keeping the question of law open, a bench of Justice MR Shah and Justice CT Ravikumar observed that the metro services in Delhi and Noida are being used by the public at large. “In view of the matter at hand, when the entire metro rail project has been completed and the metro rail is operational, the time cannot be brought back,” the bench said. It will not be in the larger public interest either. In the circumstances, we propose to dispose of the present appeals keeping the questions of law open.
The apex court said that considering the special facts and circumstances of the case, the NGT order cannot be acted upon. The bench said, “However, questions of law, if any, in particular, whether environmental clearance is required or not and other questions of law, if any, with respect to the rail project or the metro rail project, shall be appropriately disposed of.” has been kept open for consideration. The proceedings and the present order shall not be cited as precedent in any other cases or matters.”
The NGT had held that all metro rail projects require environment clearance after carrying out a proper environmental impact assessment. It had said that the Noida Metro, whose construction was challenged earlier, falls under Schedule 8(b) of the Environment Impact Assessment Notification, 2006, which deals with buildings, construction and development projects that have received prior environmental clearance. must do
The green panel had also directed the upcoming Noida-Greater Noida Metro project to obtain environment clearance from the State Level Environment Impact Assessment Authority (SEIAA). The order has been passed on a petition filed by environmentalist Vikrant Tongad, seeking a direction to the Noida Metro Rail Corporation (NMRC) to obtain environmental clearance for its project from Noida to Greater Noida after conducting a proper environmental impact assessment. was done.
From the Detailed Project Report (DPR), it is clear that the total land requirement for the Metro Rail project from Noida to Greater Noida is approximately 2,84,762.01 square metres. However, no Environment Impact Assessment (EIA) report was prepared. This fact was confirmed by the applicant after inspecting the records of the project under Right to Information Act, 2005.
The plea, filed through advocate Rahul Chowdhary, had said, “It is submitted that as per 8(b) of Schedule to the EIA Notification, 2006, a building with a covering area of more than 50 hectares or an area of more than 1,50,000 sq. A project with built-up area requires environment clearance and should be appraised as a Category B1 project.
Tongad had said that the Metro from Noida to Greater Noida would pass through Hindon and piers would be constructed on the river bed, which could cause significant damage to the aquatic habitat of the river.
