The Supreme Court on Monday directed the secretary of the District Legal Services Authority in Assam's Cachar to submit a report on whether any tree has been chopped at the Doloo tea estate, where the Greenfield airport is proposed to be constructed.
A bench of Chief Justice of India D Y Chandrachud and justices J B Pardiwala asked the secretary to apprise it about the nature of the activity carried out in the area and submit the report to its registrar within a week.
The top court was hearing an appeal filed by Tapas Guha and others against a National Green Tribunal (NGT) order which rejected their plea against the construction on the specious ground that it was premature.
The plea had sought a direction to cease further action related to the construction of the airport till a comprehensive Environmental Impact Assessment (EIA) is conducted.
During the hearing in the top court, advocate Prashant Bhushan, appearing for the petitioners, submitted that shrubs were cleared in the tea garden without an EIA report.
Bhushan stated that even in the absence of an EIA and environmental clearance, there has been large-scale uprooting of trees and eviction at the Doloo tea estate.
Questioning the locus standi of the petitioners, Solicitor General Tushar Mehta opposed the allegation of tree felling and said they were acting at someone's behest.
Mehta urged the apex court to remove the name of the petitioners from the case and appoint an amicus curiae in the matter.
The top court had on April 8 directed the Assam government to maintain the status quo at the Doloo tea estate.
"Pending further orders, there shall be a stay of the operation of the impugned judgement and order of the Eastern Zone Bench of the National Green Tribunal dated 25 January 2024 and pending further directions, the status quo shall be maintained at the site," the apex court had said.
On January 25, the NGT had dismissed the plea by Guha and others on the ground that the EIA report was awaited and the environmental clearance for the airport in question had not been granted.
"Counsel for the applicants has drawn our attention to the Government of India, Ministry of Civil Aviation, notification dated May 16, 2008, particularly column under the head 'Environment Clearances' and submits that even for grant of Site Clearance and In-principle approvals, Environmental Clearance is necessary which can only be done once the EIA assessment study is done.
"In our opinion, mere inclusion of a clause under the head 'Environment Clearances' in a form of the said notification does not deem the same to be mandatory for purposes of EIA assessment study," the NGT had said.
The plea in the NGT had sought a direction to cease further action related to the construction of the Greenfield airport at the Doloo tea estate till a comprehensive EIA is conducted according to the EIA notification and to restore the Doloo tea estate to its original condition as of May 12, 2022, by replanting uprooted tea bushes, felled shade trees and rectifying the damage caused to the landscape and ecosystem.
The Airports Authority of India has submitted an application under the Greenfield Airports (GFA) Policy, 2008 to the Ministry of Civil Aviation (MoCA) for the grant of site clearance for the development of the airport at the tea estate in Cachar.
The MoCA has launched the Regional Connectivity Scheme (RCS) -- UDAN (Ude Desh ka Aam Nagrik) -- on October 21, 2016, to stimulate regional air connectivity including in the northeastern region, and make air travel affordable for the masses.
