The Supreme Court on Friday put the construction work of the Noida-Greater Noida Metro link and dedicated freight corridors for major industrial hubs of the country back on track after the work on these vital rail links was stalled by the National Green Tribunal for want of prior environment clearance.
The development comes as a big relief for the Centre and State Governments as the SC order will benefit several Metro link projects which are either underway or in the process of being finalised.
The order was passed by a Bench of Chief Justice TS Thakur and Justice AM Khanwilkar on an appeal filed by the Delhi Metro Rail Corporation (DMRC) and the Dedicated Freight Corridor Corporation of India limited (DFCCIl).
The two companies, jointly represented by Attorney General Mukul Rohatgi were aggrieved by separate orders passed by NGT on May 31, 2016 and July 5, 2016 stalling the work on the Noida-Greater Noida Metro link and the Western Dedicated Freight Corridor between Mumbai and Delhi respectively.
Rohatgi frowned over the NGT order as the Ministry of Environment and Forests as also the UP Government had specifically stated that the Railway/Metro projects do not require prior environment clearance under the EIA Notification 2016. Yet, the Tribunal asked both agencies to seek fresh environmental clearance for starting the project.
Rohatgi assisted by Additional Solicitor General (ASG) Maninder Singh argued that environment clearance (EC) is made mandatory under the Regulations for projects likely to cause pollution or damage to environment.
On the other hand, a project such as dedicated freight corridor or metro rail will reduce pollution by decreasing dependence on cars and trucks for travel and transportation of goods.
The A-G further showed that on June 2, 2009 the Ministry of Urban Development (Metro Rail Cell) got permission from the MoEF that said, "The construction of the metro line from Noida to Greater Noida does not require an EC and it is respectfully submitted that the construction is in accordance with the Office Memorandum dated June 2, 2009 issued by the Ministry of Environment and Forest."
The MoEF had similarly responded to DFCCIl allowing the dedicated freight corridor exemption from seeking EC.
The work on the Western freight corridor and Metro link was challenged before the Tribunal for causing damage to the Hindon River and causing loss of green cover in Uttar Pradesh. Rohatgi argued that the NGT failed to realise that the freight corridor was an inter-State project linking several cities and hence, only the nod of the Centre is required.
With the MoEF giving nod, it was "ridiculous" on part of the Tribunal to again direct for obtaining EC, Rohatgi remarked.