The National Green Tribunal judgement

On April 28th, 2022, the Southern Bench of the National Green Tribunal (NGT) Chennai, comprising judicial member Justice K. Ramakrishnan and expert member K. Satyagopal, delivered a 78-page judgment in a case started by two Aurovilians against the Auroville Foundation in December last year, after the Foundation had felled many trees in the Bliss forest in clearing a path for the Crown Road. The Foundation was proceeding towards the Darkali forest to continue clearing trees for the Crown Road when the NGT passed an interim order directing the Foundation not to cut any further trees. This interim order was extended on various occasions. [see AV Today #390 of January 2022]

The Bench now directed the Auroville Foundation not to fell any more trees for the Crown Road until a Joint Committee, appointed by it, conducts an inspection of the plan site and submits a report within two months to the Auroville Foundation. The joint committee consists of the Collector, who is chairman of the District Green Committee, and the Forest Officer not below the rank of Conservator of Forest, as deputed by the Principal Chief Conservator of Forests and the Chief Wildlife Warden, Tamil Nadu.

The NGT ordered that the Joint Committee inspect the area and find out whether, by reducing the width of the road at suitable places or through a slight realignment, the number of trees be cut could be minimized in accordance with The Mother’s vision of creating a green cover.

It also directed the Joint Committee to ascertain whether there were any water bodies / streams in that area. If the road passed through the water body, it should spell out the way in which the road would have to be constructed by elevation, without affecting the water body / water flow or with a bed-level causeway with a box type of vents. If such a recommendation was made, it would have to be implemented and the Foundation is directed to carry out the Crown Road work in the impugned area with tree cover, strictly in accordance with the recommendations made by the Joint Committee.

The Foundation is also directed to plant trees in the ratio of 1 : 10 for the number of trees to be cut, and the species to be recommended by the Joint Committee may be considered for planting either on the side of the road or other area identified by the Joint Committee, in order to protect environment and also to maintain the green cover in that area.

The NGT, considering it as an exceptional circumstance, granted conditional permission to the Foundation to complete the Crown Road in the remaining stretches where there are no trees and take action against unauthorized occupations, if any, in accordance with the law, even before obtaining environmental clearance for further activity.

The NGT also directed the Foundation to prepare a proper township plan either in respect of the 778 hectares which is in its possession, or in respect of the 1963 hectares which was visualized by the Mother, by identifying the locations where each zone will have to be located. The plan should also map the locations where the roads will have to be laid, showing the location of the ring roads with their width and further roads, if any, to be constructed, the nature of industries and other activities which they expect to establish in the township. The plan should also indicate the number of phases of work and if it is not going to be implemented as one phase, how many phases in which the Foundation is are going to complete the project and then apply for Environmental Clearance (EC) as it will fall under Item 8 (b) of the EIA Notification, 2006 as amended from time to time. Till then the Foundation is directed not to proceed with further construction in the project area.