Introduction:

In the case of Tapas Guha v Union of India, the Supreme Court delivered a scathing judgment regarding the construction of the Silchar Greenfield Airport Project in Assam. The court criticized the National Green Tribunal (NGT) for neglecting its duties and allowing the project to proceed without obtaining mandatory environmental clearances. The dispute arose when extensive clearance, including the uprooting of over 41 lakh tea bushes and cutting of shade trees, took place without prior approval.

Arguments:

The respondents argued that the removal of tea bushes was part of regular cultivation practices and did not require environmental clearance. However, the appellants countered, presenting evidence that the vegetation was cleared only after the authorities took possession of the site, contradicting the respondents’ claims.

Court’s Judgment:

The Supreme Court ruled in favor of the appellants, setting aside the NGT’s order and directing that no construction activities proceed without proper environmental clearance. The court condemned the authorities for violating environmental norms and emphasized the importance of compliance with regulations. Any future applications for environmental clearances will be assessed based on the site’s condition before the illegal clearance took place.