Clearing the decks for expansion of Metro rail projects to other cities and construction of dedicated freight corridors by the railways to boost industrialisation, the Supreme Court stayed the National Green Tribunal’s (NGT) orders mandating environment clearance for such projects.
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A Bench led by Chief Justice of India and Justice A.M. Khanwilkar stayed the order passed by the Principal Bench of the National Green Tribunal (NGT) on a plea that Noida Metro Rail constructions fell under Schedule 8 (b) of Environment Impact Assessment Notification, 2006, which relates to buildings, construction and development projects.
Appearing for the public sector undertakings, attorney general Mukul Rohatgi said the construction works like the metro rail in cities and dedicated freight corridors would help in reducing pollution, and asking for environmental clearances was “ridiculous”. It will also help the railways build Phase II of the dedicated freight corridor which will link industrialized areas in Gujarat, Maharashtra, Rajasthan, Haryana and Uttar Pradesh. Rohatgi referred to notifications which say that the Metro Rail does not need ECs from the Ministry of Environment and Forests (MoEF) for its projects.
“The law categorically states that Railways do not need environmental clearances”, he argued.
The railways ministry stated that the Tribunal had erred in failing to notice that Metro Rail project being an inter-state project was not within the purview of the 2006 Environmental Impact Assessment Notification and, therefore, prior EC was not required.
Though the NGT order was in respect of the NOIDA metro project but its shadows were cast on other projects as well.
He said the NGT should demand environmental clearances from polluting industries and not the Metro. ASG Singh said the dedicated freight corridor would drastically reduce traffic congestion due to movement of cargo trucks.
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“The Metro’s city projects are spreading to over a dozen cities”.
