Case Name: THE AUROVILLE FOUNDATION Vs. NAVROZ KERSASP MODY& ORS.
Case Number: CIVIL APPEAL NO(s). 5781-5782 OF 2022
Date: 17th MARCH, 2025
Quorum: JUSTICE BELA M. TRIVEDI, JUSTICE PRASANNA B. VARALE
FACTS
As per its Master Plan gazetted in 2010, the Auroville Foundation, which administers the township of Auroville through the Auroville Foundation Act, 1988, proposed the construction of the Crown Road along with an outer ring road. The purpose of both the roads was better connectivity. A resident, Navroz Kersasp Mody and others opposed the construction particularly through an area they called Darkali Forest. They contended that though this area is formally classified as a “man-made plantation,” it is a forest ecologically, and that the construction of the road will involve significant felling of trees without proper environmental clearances under the EIA Notification, 2006, and against the spirit of the Master Plan. They went to the National Green Tribunal (NGT), Chennai, to stop the construction.
ISSUES
- Was there a need for prior environmental clearance for the road construction as per EIA Notification, 2006?
- Although Darkali Forest is not officially designated as a forest area, can it be categorised as a deemed forest under the Forest (Conservation) Act, 1980?
- Did the actions of the Auroville Foundation lead to breach of the approved Master Plan?
- Was the NGT authorized to hear this case and issue its orders?
LEGAL PROVISIONS
1.) National Green Tribunal Act, 2010 (Section 14 and Schedule I – jurisdiction).
2.) Environment (Protection) Act, 1986, and EIA Notification, 2006
3.) Forest (Conservation) Act, 1980
4.) Auroville Foundation Act, 1988 (establishment and functions of the Foundation).
ARGUMENTS
APPELLANT CONTENTION
1.) NGT did not have jurisdiction since no scheduled environmental law is violated.
2.) “Darkali Forest” is a plantation and not a forest as per the Forest Act.
3.) Roads are in the Master Plan (gazetted 2010)
4.) No need for EIA clearance, Auroville project is before related notifications (MoEF&CC clarifies)
5.) Auroville Foundation Act (1988) is a special act with overriding effect.
RESPONDENT CONTENTION
1.) Darkali Forest is ecologically a deemed forest requiring protection (precautionary principle). 2.) There was felling of significant trees which had an adverse impact.
3.) Environmental clearance was required before the EIA Notification, 2006.
4.) Construction infringes the environmental purpose of the Master Plan.
5.) NGT applied precautionary principle correctly, directed proper planning/clearances.
ANALYSIS
The Supreme Court examined the limitations in the jurisdiction of the NGT. NGT’s power under Section 14 of the NGT Act is triggered only when a violation of a law listed in Schedule I causes a substantial question relating to environment to arise, the Court emphasised. The court ruled that there was no violation. Since “Darkali Forest” is officially a plantation, the Forest (Conservation) Act wouldn’t apply. The Supreme Court acknowledged the position of Ministry of Environment, Forest and Climate Change (MoEF&CC) on the EIA Notification. The NGT could not order a new plan as that was outside its scope. Importantly, the Supreme Court pointed out that the Auroville Master Plan has statutory force under the Auroville Foundation Act, which is a special act that has overriding effect. The NGT was seen to have gone outside the scope by directing to prepare a fresh plan. The Court warned against the use of ‘precautionary principle’ in such a way that it derogates from the established regime under law.
JUDGMENT
The Supreme Court permitted the appeal and invalidated the orders of NGT. According to the ruling, the NGT went beyond its jurisdiction. The Court established that the Auroville Master Plan is valid and that the Foundation has the authority to carry out its infrastructure projects. This is provided that any other laws which don’t fall under the NGT’s jurisdiction are still followed.
CONCLUSION
The ruling in The Auroville Foundation vs. Navroz Kersasp Mody & Ors. Clarifies just what can go and what cannot go before the NGT. To intervene, there must be proved violations of particular environmental laws. The courts must respect legal categories and the statutory force of approved development plans. Even though the Auroville Foundation is known for its environmental and ecological activities, the court remarked that the people have taken the law into their own hands. This caused disruption of peace and harmony. Thus, while environmental issues are essential, the judgment shows that their remedies must take place within the legal framework. And provisions for development plans that have been approved along with the site plans. The township will be developed according to the approved Master Plan and this will redound to the benefit of all concerned. This shows the special status of the Auroville Foundation Act as it is a law made by Parliament.
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WRITTEN BY MARTHALA JOSHIKA REDDY
