SC on Noida Metro: In its latest verdict, the Supreme Court has refused to halt the operations of the Noida metro for the want of environmental clearance. The court gave its verdict noting that the entire metro rail project is complete and running.
Earlier on May 31, 2016, the National Green Tribunal (NGT) had issued an order, requiring that all metro rail projects must receive environmental clearance following the completion of an appropriate environmental impact assessment. The court was hearing an appeal against this order.
Keeping the question of legal issue open, a bench consisting of justices MR Shah and CT Ravikumar said the metro services in Delhi and Noida are being used by the public at large.
"We propose to dispose of the present appeals...': SC
"In that view of the matter, when the entire metro rail project is complete and the metro rail is running, the clock cannot be put back and the same shall not be even in the larger public interest. Under the circumstances, we propose to dispose of the present appeals, keeping the questions of law open," it said.
Further, the bench also contended that the NGT order cannot be acted upon in the unusual facts and circumstances of the case.
"However, the questions of law, if any, more particularly, whether with respect to the rail project or metro rail project, the environmental clearance is required or not and other questions of law, if any, are kept open to be considered in appropriate proceedings and the present order shall not be cited as a precedent in any other matters or cases," it said.
NGT had called for environmental clearance
The NGT had held that all metro rail projects need an environmental clearance after conducting a proper environmental impact assessment.
It had said the Noida metro, the construction of which was challenged before it, fell under Schedule 8(b) of the Environment Impact Assessment Notification, 2006, relating to buildings, construction and development projects that are mandated to get a prior environmental clearance.
The green panel had also directed the upcoming Noida-Greater Noida metro project to obtain environmental clearance from the State Level Environment Impact Assessment Authority (SEIAA).
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It should be mentioned here that the order was passed on a plea filed by environmentalist Vikrant Tongad, seeking directions to the Noida Metro Rail Corporation (NMRC) to obtain environmental clearance for its project from Noida to Greater Noida after conducting a proper environmental impact assessment.
(With inputs from PTI)
