Judicial Review Cannot Supersede Statutory Planning—Environmental Concerns Must Align with Law: Supreme Court

Supreme Court of India quashed the National Green Tribunal (NGT) orders that halted Auroville Foundation’s township development, holding that the tribunal exceeded its jurisdiction by interfering with an approved statutory master plan. The Court made it unequivocally clear that the Master Plan of Auroville, approved in 2001 and gazetted in 2010, has attained statutory finality and cannot be reopened at the behest of environmental activists or residents' groups.

Slamming the NGT’s interference, the Supreme Court ruled, "The Tribunal has completely misdirected itself by interfering with the implementation of the Master Plan, which was already approved by the competent authority way back in 2001. Judicial forums must not be misused to obstruct governance under the guise of environmental concerns."

With this ruling, the construction of Auroville’s Crown Road and other development projects can now proceed without legal hurdles, removing the uncertainty caused by litigation initiated by a group of residents and environmental activists.

"Auroville’s Development Stalled by Environmental Litigation—Supreme Court Steps In"
The dispute arose when Navroz Kersasp Mody and others challenged the construction of roads and infrastructure projects within Auroville’s planned township before the NGT’s Chennai Bench. They argued that the cutting of trees for the Crown Road violated environmental laws and sought an injunction halting all construction activities until an updated environmental impact assessment was conducted.

The NGT, in its judgment dated April 28, 2022, ruled in favor of the petitioners, stating, "Auroville Foundation must prepare a revised township plan, apply for Environmental Clearance under Item 8(b) of the EIA Notification, 2006, and halt all further construction until clearance is obtained."

While the Tribunal allowed the completion of the Crown Road, it imposed several conditions, directing a joint committee to inspect the area, minimize tree cutting, and ensure environmental safeguards.

The Auroville Foundation, challenging the NGT’s ruling before the Supreme Court, contended that the tribunal had no legal authority to interfere with an already approved statutory plan.

"Auroville’s Master Plan Is Legally Binding—NGT Cannot Demand a New One"
Tracing the history of Auroville, the Supreme Court noted that the township was envisioned by Mirra Alfassa (‘The Mother’) and legally recognized through the Auroville Foundation Act, 1988. The Master Plan, conceptualized in 1968 and formally approved in 2001, is the legally binding blueprint for Auroville’s development.

Rejecting the NGT’s interference, the Court ruled, "The Master Plan was reviewed and approved by the Town and Country Planning Organisation in 2001, notified on August 16, 2010, and published in the Official Gazette. The Tribunal’s direction to prepare a new township plan is legally unsustainable."

The Supreme Court also dismissed the argument that Auroville’s lands constituted a ‘deemed forest’ requiring protection under T.N. Godavarman Thirumulpad v. Union of India (1997) 2 SCC 267, observing, "The NGT itself acknowledged that Auroville is not classified as a forest in any government document. The land is a man-made plantation, not a deemed forest requiring protection under the Forest (Conservation) Act, 1980."

The Court found the Tribunal’s ruling internally contradictory, noting, "Even after acknowledging that Auroville is not a forest and does not require clearance under forest laws, the NGT still imposed unnecessary environmental conditions. Such directions are arbitrary and outside the Tribunal’s jurisdiction."

"Environmental Precaution Cannot Be a Tool to Block Statutory Development"
The Supreme Court strongly criticized the NGT’s reliance on the Precautionary Principle without a legal basis, emphasizing, "While environmental concerns are important, they must be balanced with statutory planning frameworks. The Precautionary Principle cannot be applied arbitrarily to stall projects that have already received statutory approvals."

Reaffirming its previous rulings in Vellore Citizens Welfare Forum v. Union of India (1996) 5 SCC 647 and Essar Oil Ltd. v. Halar Utkarsh Samiti (2004) 2 SCC 392, the Court declared, "Development and ecology must go hand in hand. The objective of environmental laws is not to halt progress but to ensure sustainable development."

"NGT Has No Unlimited Powers—Tribunal Cannot Expand Its Jurisdiction"
Interpreting the National Green Tribunal Act, 2010, the Supreme Court clarified that the NGT’s jurisdiction is restricted to disputes arising under specific environmental statutes listed in Schedule I of the Act.

Rejecting the petitioners’ claim that the NGT could intervene based on broad environmental concerns, the Court ruled, "Every environmental dispute does not automatically fall under the NGT’s jurisdiction. The case before the Tribunal lacked a direct violation of any statutory environmental obligation under the enactments specified in Schedule I."

"Supreme Court Quashes NGT Orders—Auroville’s Development to Proceed"
Delivering a decisive ruling, the Supreme Court set aside the NGT’s orders, stating, "The impugned orders passed by the Tribunal are without jurisdiction and legally untenable. They are hereby quashed and set aside."

With this ruling, the Auroville Foundation is now free to proceed with its development projects, ensuring that the vision of The Mother and Sri Aurobindo is realized without undue legal interference.

"A Landmark Ruling for Urban Planning—No More Frivolous Environmental Roadblocks"
This judgment sets a strong precedent for future urban development projects, reaffirming that:
•    Statutory master plans, once approved, cannot be arbitrarily challenged through environmental litigation.
•    Judicial intervention must be based on clear violations of environmental laws, not broad concerns about sustainability.
•    The NGT cannot expand its jurisdiction beyond the limits prescribed by law.
By upholding the rule of law and preventing unnecessary judicial interference, the Supreme Court has ensured that Auroville’s long-term vision, as conceived by The Mother and Sri Aurobindo, can now be implemented without further obstruction.
 

Date of Decision: 17 March 2025