Enhanced Accountability in Environmental Clearances: Insights from Citizens For Green Doon v. Union Of India And Others

Introduction

Citizens For Green Doon v. Union Of India And Others (2021 INSC 740) is a landmark judgment delivered by the Supreme Court of India on November 16, 2021. The case revolves around the challenges posed against Stage-I Forest Clearances and Wildlife Clearances granted for the upgradation and expansion of National Highway No. 72A in Uttarakhand and Uttar Pradesh.

The appellants, led by Citizens For Green Doon, filed a petition under Article 32 of the Constitution seeking to quash the forest and wildlife clearances issued by the Ministry of Environment, Forest and Climate Change and the Standing Committee of the National Board for Wildlife, respectively. Central to the dispute was the allegation of procedural lapses, particularly the non-disclosure of permissions related to tree felling, which purportedly contravened the circular issued by the Ministry in 2015 aimed at ensuring transparency and accountability in environmental clearances.

Summary of the Judgment

The Supreme Court examined the procedural aspects surrounding the issuance of environmental clearances, focusing on the adherence to the 2015 circular which mandates the public disclosure of tree felling permissions. The Tribunal had initially dismissed the appellant's challenge, asserting that the Stage-I Forest Clearance constituted valid working permission for tree cutting. However, upon appeal, the Supreme Court identified that the permission for tree felling was not duly placed in the public domain as required, thereby denying aggrieved parties the opportunity to challenge such decisions.

The Court held that the refusal of the Tribunal to entertain the appellant's challenge under Section 14 of the National Green Tribunal (NGT) Act was erroneous. It emphasized that the order permitting tree felling fell within the appellate jurisdiction of the NGT under Section 16(e) of the NGT Act in conjunction with Section 2A of the Forest Conservation (FC) Act. Consequently, the Supreme Court set aside the Tribunal's decision, restored the original application for reconsideration, and granted an interim stay on further tree felling activities until the Tribunal could reassess the case.

Analysis

Precedents Cited

The judgment references key legal precedents that elucidate the framework of environmental governance in India:

H.P. Bus-Stand Management & Development Authority v. Central Empowered Committee (2021): This case articulated the concept of the "environmental rule of law," emphasizing transparency, accountability, and participatory governance in environmental decision-making.
Vimal Bhai v. Union Of India (2012 SCC OnLine NGT 77): This precedent underscored the necessity of public disclosure of environmental clearances to ensure that aggrieved parties have the requisite information to challenge decisions effectively.

These precedents were instrumental in shaping the Court’s understanding of procedural fairness and the imperative of transparency in environmental clearances.

Legal Reasoning

The Supreme Court's reasoning centered on the adherence to procedural norms established by the Ministry of Environment, Forest and Climate Change.

Jurisdiction of the NGT: The Court delineated the appellate jurisdiction of the NGT under Section 16(e) of the NGT Act, clarifying that any order under Section 2 of the FC Act, which includes permissions for tree felling, is subject to appeal.
Compliance with the 2015 Circular: The Court scrutinized the non-disclosure of the tree felling permission in the public domain, as mandated by the circular. This omission was viewed as a procedural lapse that deprived the appellants of the right to challenge the clearance.
Transparency and Accountability: Echoing the principles outlined in the "environmental rule of law," the Court emphasized that transparency in environmental clearances is crucial for accountability and public participation.

By identifying the procedural deficiencies in the granting of environmental clearances, the Court underscored the importance of following established protocols to ensure that environmental governance mechanisms function effectively and justly.

Impact

This judgment has significant implications for environmental law and governance in India:

Strengthening Procedural Safeguards: The decision reinforces the necessity of adhering to procedural requirements in environmental clearances, particularly regarding public disclosure.
Empowering Aggrieved Parties: By ensuring that clearances are publicly accessible, the judgment empowers communities and stakeholders to actively participate in environmental decision-making and to challenge decisions that may adversely impact the environment.
Enhancing Transparency: The ruling sets a precedent for greater transparency in the environmental clearance process, promoting accountability among authorities and project proponents.
Influence on Future Litigation: This case provides a framework for future litigants to challenge environmental clearances on procedural grounds, potentially leading to more stringent scrutiny of such decisions.

Overall, the judgment reinforces the principles of the environmental rule of law, ensuring that environmental governance is conducted with openness and in the public interest.

Complex Concepts Simplified

Stage-I Forest Clearance: An initial approval granted by the Ministry permitting the commencement of certain activities like tree cutting, subject to compliance with specified conditions.
National Green Tribunal (NGT): A specialized judicial body in India dealing with environmental issues, ensuring expeditious disposal of cases related to environmental protection and enforcement of legal rights.
Article 32 of the Constitution: Provides the right to individuals to approach the Supreme Court directly for the enforcement of fundamental rights.
Environmental Rule of Law: A framework that ensures environmental governance is conducted in a transparent, accountable, and participatory manner, safeguarding environmental rights and promoting sustainable development.
Compensatory Afforestation: The process of creating new forest areas to compensate for the loss of forest cover due to development projects.

Conclusion

The Supreme Court's judgment in Citizens For Green Doon v. Union Of India And Others underscores the paramount importance of procedural adherence and transparency in environmental clearances. By rectifying the Tribunal's oversight in dismissing the appellant's challenge under Section 14 of the NGT Act, the Court reinforced the necessity for authorities to uphold procedural norms that safeguard environmental governance.

The decision not only empowers citizens and stakeholders to hold authorities accountable but also sets a robust precedent for future environmental litigation in India. It aligns with the broader objectives of the environmental rule of law, fostering a governance ecosystem that prioritizes environmental integrity, public participation, and accountability.

In essence, this judgment serves as a pivotal reminder that environmental clearances must be executed with unwavering transparency and adherence to legal protocols, ensuring that developmental pursuits do not come at the expense of ecological sustainability and public trust.