NGT junks review plea seeking stay on Noida Metro work

The National Green Tribunal has dismissed a review petition seeking a stay on the construction of Metro line from Noida to Greater Noida till it gets mandatory environmental clearance under the provisions of the EIA notification and directions of the tribunal.

A bench headed by NGT Chairperson Justice Swatanter Kumar rejected the plea filed by an environment activist seeking modification of its May 31 order and noted that a separate petition may be filed in this regard.

"This application is beyond the purview and scope of Order XLVII, Rule 1 of Code of Civil Procedure, 1908 read with Section 19 of the NGT, Act.

"The counsel appearing for the applicant if so advised may file independent petition as pronouncement of law subsequent to the date of judgment would not be a ground for review of the judgment. Application is dismissed," the bench also comprising justice M S Nambiar said.

The review plea filed by Vikrant Tongad contended that it was necessary to "modify and review" the judgment dated May 31, 2016 to the extent that the project may be stayed until environmental clearance is obtained in line with the spirit of the Environment Impact Assessment (EIA) Notification, 2006 which requires a "prior" environmental clearance.

"In the present case, at the time of filing, the work had not progressed much, and therefore, this tribunal may direct Noida Metro Rail Corporation to stop construction work until a valid Environmental Clearance is granted according to law," the plea, filed through Rahul Choudhary said.

On May 31, the bench had ruled that Noida Metro Rail Corporation fell under Schedule 8(b) of Environment Impact Assessment Notification, 2006, relating to buildings, construction and development projects which are mandated to get prior environmental clearance.

It had also directed upcoming Noida-Greater Noida metro project to obtain environmental clearance from State Level Environment Impact Assessment Authority (SEIAA).

However, it had refused to stop the project saying that "the purpose of the Notification of 2006 is not to prohibit development but to permit the same while protecting the environment and ecology".

The order was passed on Tongad's plea seeking directions to Noida Metro Rail Corporation (NMRC) to obtain environmental clearance for its project from Noida to Greater Noida after conducting proper Environment Impact Assessment of the project.