In a significant ruling, a bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra has ordered a halt to land clearance activities for the Silchar Greenfield Airport project in Assam. The court observed that ongoing clearing activities at the site were conducted without the necessary environmental clearance, thereby violating the Environmental Impact Assessment (EIA) notification of 2006.

The bench stated that the authorities had acted in breach of the law by proceeding with extensive clearance activities without obtaining environmental clearance. While Assam authorities cited the need to establish a civilian airport, the court emphasized the importance of adhering to legal norms governing such activities.

The Supreme Court’s decision overturns the order of the Eastern Zonal Bench of the National Green Tribunal (NGT) and directs that no further activities should be carried out in contravention of the 2006 notification until environmental clearance is obtained.

During the proceedings, Solicitor General Tushar Mehta informed the court through an affidavit that no work would proceed until environmental clearance was granted. However, he later expressed concerns about the nature of interventions being made during the case.

The appeal before the Supreme Court challenged an NGT order from March 25, which dismissed a plea against the clearance of approximately 41 lakh shrubs for the airport project. The petitioners argued that the EIA report was still pending and that the environmental clearance had not been granted.

Chief Justice DY Chandrachud recommended maintaining the status quo until the environmental clearance report is available, while Solicitor General Tushar Mehta raised concerns about the legitimacy of certain petitioners filing from a distance of 1300 km.

The court also considered a report from the District Legal Services Authority (DLSA) secretary, detailing the uprooting of tea bushes by heavy machinery and the challenges faced by court-appointed officers in the area.

Despite heated arguments, the Supreme Court emphasized the need to wait for the EIA report before taking further steps. The court noted the uprooting of 41 lakh bushes as a prima facie breach of the EIA notification and criticized the NGT for dismissing the plea without proper verification.

The Supreme Court’s decision sets aside the NGT’s order and allows the State of Assam to reapply for commencement of work once the environmental clearance report is received. However, the court reiterated that any directive to construct workers’ homes would violate the EIA Notification.