Legal

Supreme Court Allows Auroville Township Project; Quashes NGT Order

The Supreme Court has provided major relief to the Auroville Foundation in Puducherry by overturning the National Green Tribunal’s (NGT) order that halted development activities in the township.

A bench of Justice Bela M Trivedi and Justice PB Varale ruled in favor of the foundation’s appeal against the NGT’s April 28, 2022, order.

The court ruled that the right to a clean environment is a fundamental right. However, it emphasized that the right to development holds equal importance under Article 14, Article 19, and Article 21 of the Constitution.

The court stated that the precautionary principle and the ‘polluter pays’ principle are part of India’s environmental law. But the right to development also deserves equal priority.

Environmental activist Navroz Kerasap Modi had filed a petition in the NGT. He challenged the foundation’s plan to cut down trees for the project, claiming the land was forest.

The NGT ruled in Modi’s favor, but the Supreme Court overturned this decision.

The Supreme Court found that the Auroville Foundation did not violate any environmental laws. The court stated that the NGT had made an error in issuing the order.

The foundation argued that Auroville was designed as an international cultural township, not a forest, as claimed by the petitioner.

Auroville is a scenic township in Puducherry, established in 1968 by Mira Alfassa, a spiritual associate of Sri Aurobindo. Residents refer to her as ‘Mother’.

The court’s ruling clears the way for the foundation to resume developmental work. This decision reinforces the balance between environmental protection and development.

Ajaypal Choudhary

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