Summaries of the verdict of the National Green Tribunal and of the Chennai High Court judgement, both now dismissed by the Supreme Court

A critical problem in the envisaged implementation of the Master Plan was that some of the roads and infrastructure were planned in areas where for decades extensive afforestation and green work had been done. For many years there was heated debate and disagreement within the community on whether to adjust the alignment of the roads to preserve the vegetation or not. With the appointment of a new Secretary and a new Governing Board, a major crisis erupted in December 2021 with the forceful execution of development works in some forested areas, in some cases with police and hired enforcers [see AVToday # 390, January 2022].

After the Foundation had felled many trees in the Bliss forest area and demolished structures in the Youth Centre for clearing a path for the Crown Road, two residents filed a petition with the Southern Bench of the National Green Tribunal (NGT) in Chennai. The Tribunal issued an immediate Stay Order on the felling of trees, clearing land and all new development work, and gave its verdict in April 2022. The Bench directed the Auroville Foundation not to fell any more trees for the Crown Road until a Joint Committee, appointed by it, had inspected the area and made a report concerning whether, by reducing the width of the road at suitable places or through a slight realignment, the number of trees to be cut could be minimised in accordance with The Mother’s vision of creating a green cover. It also directed the Joint Committee to spell out the way in which the road would have to be constructed without affecting any water body / water flow. The Foundation, moreover, was directed to plant trees in the ratio of 1: 10 for the number of trees to be cut, in order to protect the environment and to maintain the green cover in that area.

The NGT, considering it an exceptional circumstance, granted conditional permission to the Foundation to complete the Crown Road in the remaining stretches where there were no trees and to take action against unauthorised occupations, if any, in accordance with the law, even before obtaining environmental clearance for further activity. But it directed the Foundation to prepare a proper township plan, which would need to outline the locations where the roads would have to be laid, along with their width, and the nature of industries and other activities planned and then apply for Environmental Clearance (EC).

The Secretary of the Auroville Foundation appealed the Tribunal’s verdict in the Supreme Court of India, in August 2022. In December 2023, the Supreme Court ordered an Interim Stay to the verdict. Since then, thousands of trees and undergrowth have been cut, including protected species, so as to clear the paths for the Outer Ring Road and the radial roads, even though their locations had not been defined in the Auroville Universal Township Master Plan (Perspective 2025).

The Auroville Town Development Council (ATDC) judgement and appeal

According to the Auroville Foundation Act, both the GB and the RA have a role in the preparation and formulation of the Master Plan. A Town Development Council (TDC) was constituted in 2011 for its implementation. The Aurovilian members in the TDC were selected by the Residents’ Assembly and their nominations were confirmed by the Governing Board through an office order.

In 2021 the GB issued a Standing Order reconstituting the TDC, renaming it ATDC (the A stands for Auroville) and appointing its members without any consultation with the RA. Two cases were filed in the Madras High Court on this matter. One judgment was in favour of the GB, when the Court sustained the Standing Order on the condition that the Auroville Foundation would issue a corrigendum as to under which provision of the Act the Order had been passed. Another was in favour of the RA. Both cases were then appealed at the Division Bench of the Madras High Court.

On 15 March 2024, the division bench of the Madras High Court struck down as ultra vires and illegal the Standing Order of the GB. The bench judged that the Auroville Foundation Act (Act) entrusted the functions of formulating the Master Plan to the RA and the final preparation and approval thereof to the GB. It also found that the Act does not authorise the GB to constitute committees that have no GB member as committee member. The bench found that the Standing Order enabling the GB or the Secretary to appoint ATDC members, without the nomination/ selection emanating from the RA, does not align with the Scheme of the Act, nor with the scheme laid out in the Auroville Master Plan. For the same reason, the court also judged the constitution of the ATDC Advisory Group by the GB as ultra vires of the Act. The bench stated that with the Standing Order, the GB had arrogated the entire powers of the RA to itself and had virtually nullified its existence and role vis-à-vis the Master Plan. The bench, while setting aside the Standing Order, stated that it will be open for the GB to frame fresh regulations in tune with the provision of the Act and the observations made in the order of the bench.

The Auroville Foundation appealed the judgement in the Supreme Court of India.

(From AVToday issue 418, May 2024)