National Green Tribunal restrains further allotment of land within Wadala Truck Terminal until prior Environmental Clearance is obtained
The National Green Tribunal (NGT), comprising Justice Dinesh Kumar Singh and Dr. Sujit Kumar Bajpayee, has directed the Mumbai Metropolitan Region Development Authority (MMRDA) to obtain prior Environmental Clearance (EC) for the Wadala Notified Area under the Environment Impact Assessment Notification, 2006.
The Tribunal has further prohibited MMRDA from making any further allotment of land within the Wadala Truck Terminal until such Environmental Clearance is obtained.
The proceedings arose from an application filed by environmental activist Arun Gaikwad, represented by Advocate Aditya Pratap, before the National Green Tribunal.
Key Directions of the Tribunal
In its order, the NGT has issued, inter alia, the following directions:
- MMRDA shall obtain prior Environmental Clearance from the competent authority for the Wadala Notified Area, as the area admittedly exceeds 50 hectares.
- MMRDA shall not make any further allotment of land forming part of the said area without obtaining prior Environmental Clearance for the entire Wadala Notified Area in accordance with the EIA Notification, 2006.
- Individual landowners who may already have obtained Environmental Clearance shall also remain bound by the overall terms and conditions imposed by the competent authority in respect of the Environmental Clearance granted for the Wadala Notified Area. However, such owners may continue construction in accordance with their valid Environmental Clearance.
Submissions on Behalf of the Applicant
Advocate Aditya Pratap, appearing for the applicant, submitted that the Wadala Truck Terminal constitutes an Area Development Project exceeding 50 hectares and therefore falls within the regulatory framework of the Environment Impact Assessment Notification, 2006.
It was contended that, in the absence of prior Environmental Clearance, development and construction activities could not lawfully proceed in the manner undertaken.
It was further submitted that substantial areas originally intended for gardens and open spaces had been compromised. Obtaining prior Environmental Clearance for the development as a whole would, it was argued, have enabled a comprehensive assessment and clear demarcation of areas required to be preserved for gardens, parks, trees and other environmental purposes.
Comment by Advocate Aditya Pratap
«“This is indeed a landmark order, which will help keep unchecked construction at the cost of the environment under control.”»
The order is significant not merely for the Wadala Truck Terminal but potentially for other large-scale development projects where construction or development may commence without first obtaining the Environmental Clearance required under the applicable environmental regulations.
Prior Environmental Clearance serves an important regulatory purpose. It enables the competent authority to assess the environmental consequences of a proposed development before irreversible construction and land-use changes take place.
Such an assessment can also help ensure that adequate provisions are made for gardens, parks, trees and open spaces, while addressing issues relating to pollution, environmental carrying capacity and compliance with applicable Development Control Regulations.
The Wadala order therefore reinforces an important principle of environmental governance: environmental safeguards are intended to operate prospectively, before development takes place, rather than merely as a mechanism for regulating the consequences of development after construction has commenced.