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BENGALURU DEVELOPMENT AUTHORITY vs. MR. SUDHAKAR HEGDE & ORS.

SCR Citation: [2020] 5 S.C.R. 755
Year/Volume: 2020/ Volume 5
Date of Judgment: 17 March 2020
Petitioner: BENGALURU DEVELOPMENT AUTHORITY
Disposal Nature: Appeal Disposed Off
Neutral Citation: 2020 INSC 303
Judgment Delivered by: Honble Dr. Justice D.Y. Chandrachud
Respondent: MR. SUDHAKAR HEGDE & ORS.
Case Type: CIVIL APPEAL /2566/2019
Order/Judgment: Judgment
1. Headnote

Environment (Protection) Act, 1986 – Environment (Protection) Rules, 1986 – Bangalore Development Authority Act, 1976 – Environment Impact Assessment Notification 2006 – Peripheral Ring Road Project – National Green Tribunal quashed the Environmental clearance granted to the appellant for the said PRR project – NGT was of the view that the primary data upon which the Environment Impact Assessment report was based was collected more than 3 years prior to its submission to the State Environment Impact Assessment Authority – There was substantial delay in the preparation of the EIA report – Accordingly, the NGT directed the appellant to conduct a fresh rapid EIA and clarified the project proponent not to proceed on the basis of the impugned Environmental clearance – On appeal, held: In the instant case, there was failure of due process commencing from issuance of the Terms of Reference and leading to the grant of the Environmental clearance for the PRR Project – The appellant, as project proponent sought to rely on an expired Terms of Reference and proceeded to prepare the final EIA report on the basis of outdated primary data – At the same time, the process leading to the grant of the Environmental clearance was replete with contradictions on the existence of forest land to be diverted for the Project as well as the number of trees required to be felled – The State Expert Appraisal Committee, as an expert body abdicated its role and function by relying solely on the responses submitted to it by the appellant and failing to comply with its obligations under the OMs issued by the MOEF-CC from time to time – The State Expert Appraisal Committee failed in its fundamental duty mandated to do under the 2006 Notification – Therefore, inter-alia, following directions issued: (i) The appellant directed to conduct a fresh rapid EIA for the proposed PRR project; (ii) The appellant, for the purpose of conducting the rapid EIA, hired a sector-specific accredited EIA Consultant; (iii) Appellant to ensure the requisite clearances under various enactments submitted to the State Expert Appraisal Committee prior to the consideration by it of the information submitted by the appellant in accordance with the OMs issued by the MOEF-CC from time to time; (iv) State Expert Appraisal Committee shall thereafter assess the rapid EIA report in accordance with the role assigned to it under the 2006 Notification and if it is of the opinion that the appellant has complied with the 2006 Notification as well as the directions issued by the Supreme Court, only then shall it recommend to the State Environment Impact Assessment Authority the grant of Environmental clearance for the proposed project – The order of the NGT directing the appellant to conduct a rapid EIA is upheld.

2. Case referred
3. Act
  • Bangalore Development Authority Act, 1976 (12 of 1976)
4. Keyword
  • Environment (Protection) Act
  • Road Project
5. Equivalent citation
    Citation(s) 2020 (15) SCC 63 = 2020 (15) Suppl. SCC 63 = 2020 (5) SCALE 609