Supreme Court junks NGT order on Visakhapatnam tourism project

HC to prevail as it is above green tribunal: Apex court

Holding that high court orders will be preferred to those of the National Green Tribunal (NGT), the Supreme Court permitted tourism project construction in the Rushikonda Hills in Visakhapatnam on condition that no new excavation work should be carried out as long as the matter was not settled judicially.

The Supreme Court quashed the NGT’s order staying the construction of the project, and said there was no need for parallel proceedings.

The matter is pending in the Andhra Pradesh High Court and the parties should await its orders, the Supreme Court told them.

Earlier, the NGT had taken cognizance of the matter following a letter from MP Raghu Rama Krishna Raju, who said construction on the hills would affect the eco-sensitive zone adversely.

The NGT had formed two committees and the second one was going to file a report on the environmental viability of the project. Till the report was due, the NGT had stayed construction.

“The Tribunal first constituted a committee of experts which found no violation of the environmental norms. It again constituted another expert committee to examine the environmental cost to the project,” the apex court Bench observed. 

The Bench said two proceedings -- in the tribunal and the high court -- were bound to confuse the authorities concerned.

It held the order passed by high courts would be preferred to those of tribunals.

The Supreme Court, however, expressed concern over the project.

“The contentions raised by the other party are serious. We are of the view that the High Court strikes a balance between environmental well-being and economic activities. We hope the Court will take a fresh call on the issue. Until the HC’s orders, no new construction will be allowed on the hills.

Construction should only be carried out where the earlier resort stood and on the flat parts of the hills,” the Bench said.

Nawneet Vibhaw, partner, Environmental Law practice, Shardul Amarchand Mangaldas & Co, said the order should be seen as an exception and not the rule.

“It is meant to prevent parallel proceedings. The NGT is very much the specialised forum to deal with substantial questions relating to the environment and it will continue to remain so. The facts and circumstances, in this case, were different and the matter was already being heard by the high court.”