SC disposed of appeals filed by the DMRC challenging the orders passed by the NGT in 2016 mandating environmental clearance for metro rail projects

SC disposed of appeals filed by the DMRC challenging the orders passed by the NGT in 2016 mandating environmental clearance for metro rail projects

The Supreme Court division bench led by Justice MR Shah and Justice CT Ravikumar dismissed appeals filed by the Delhi Metro Rail Corporation and Dedicated Freight Corridor Corporation of India Ltd challenging National Green Tribunal orders mandating environmental clearance for metro rail projects in 2016.

While hearing the appeals in 2016, the Supreme Court stayed the implementation of the NGT orders. Following that, the Delhi and Noida metro rail projects were completed.

Because the project had been completed, the court determined that the issue did not need to be resolved.

The bench observed:

"It is reported and it is not in dispute that thereafter, the entire Metro Rail Project in Delhi and Noida has been completed and the metro rail is running and being used by the public at large.

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".

However, the bench agreed to keep the question of law open. The bench observed:

"In view of the above facts and circumstances, more particularly, when the entire metro rail project is complete and the metro rail in Delhi and Noida is being run and is being used by the public at large, we dispose of the present Appeals by observing that the impugned directions reproduced hereinabove are not to be acted upon in the peculiar facts and circumstances of the case.

However, the questions of law, if any, more particularly, whether with respect to the rail project/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/cases".

 

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