CITIZENS FOR GREEN DOON Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant had earlier moved a petition under Article 32 of the Constitution - Writ Petition No 529 of 2021 - to challenge: (i) the Stage-I Forest Clearances dated 29 September 2020 and 24 December 2020 issued by the Ministry of Environment, Forest and Climate Change [MoEF&CC] in respect of the stretches of road forming a part of National Highway No 72A in Uttarakhand and Uttar Pradesh; and (ii) the Wildlife Clearance dated 5 January 2021 issued by the Standing Committee of the National Board for Wildlife. Noting that the primary challenge was to the Stage-I Forest Clearances, this Court by its order dated 7 September 2021 reserved the liberty of the appellants to adopt appropriate proceedings by moving the National Green Tribunal [the Tribunal] to challenge the Stage-I Forest Clearances. Directions were also issued, granting permission to the appellant to challenge the Wildlife Clearance at the appropriate stage.

(2.) Following the order of this Court, the appellant moved the Tribunal in Original Application No 240 of 2021, invoking its jurisdiction under Section 14(1) of the National Green Tribunal Act 2010 [NGT Act]. The Tribunal by its order dated 6 October 2021 declined to entertain the challenge, primarily on the ground that the appellants had attempted to 'circumvent' its appellate jurisdiction under section 16 by invoking its original jurisdiction under Section 14 instead. The reasons which have been adduced by the Tribunal are contained in the following extract from its judgment:

(3.) Ms Anitha Shenoy, senior counsel appearing on behalf of the appellant submitted that: