Major observations of the Madras High Court judgement quashing ATDC
The first division bench of the Madras High Court (MHC) in the judgement of 15th March 2024 quashed the Auroville Governing Board's (GB) order constituting the Auroville Town Development Council (ATDC) in 2022. The Court has also said it will be open for the "Governing Board to frame fresh regulations in tune with the provision of the Act and the observations made herein."
The court made many important observations in its judgement, and a major one stated, "The selection/nomination of the said members [of ATDC] can only be by the Residents' Assembly, though it may ultimately lie within the powers of the Governing Board to reject a nomination or selection of a particular person". The court also observed, while agreeing with the "Additional Solicitor General of India that the ATDC may require technical members who may be experts in town planning etc.," that "the Standing Order does not even lay down residence or technical expertise as a criterion for members and thus falls foul of the Act...".
Supreme Court's stay of the MHC judgement
The GB appealed against the above said MHC judgement at the Supreme Court, and a Supreme Court bench granted a stay of the judgement in April 2024. Seven months later, on 29th November 2024, the court ordered the case to be tagged with the case of GB's appeal against the National Green Tribunal (NGT) order that was filed earlier, in August 2022, and was also granted a stay in December 2023.
Supreme Court's stay of the NGT judgement
The Navroz Modi's, Auroville resident, petition at the NGT in 2021 had objected to the implementation of the Master Plan on the ground that "the master plan does not propose that forests with endangered flora and serving as habitat of several species of fauna be destroyed for the construction of a road envisaged in the Master plan". He prayed the court to "Direct the 1st respondent [Auroville Foudation] to prepare a Detailed Development Plan including a mobility plan which is based on and respects the present day ground realities, to be approved as mandated in the Master Plan and implement projects based on such plan after necessary impact assessments and feasibility studies in an environmentally sustainable manner".
The NGT judgement in April, 2022 directed the AV Foundation "not to proceed with further construction in the project area" until a "proper township plan" is prepared and Environmental Clearance (EC) is applied for "as it will fall under Item 8 (b) of the EIA Notification, 2006 as amended from time to time". The Environmental Ministry of India had amended the FCA in August 2023, and the new law said only those areas that are listed as forests in the revenue records would be treated as forests. The forest areas in Auroville do not qualify as forest according to the new Act. In December 2023, the Supreme Court bench stated its "prima facie opinion" that the NGT order is "outside the jurisdiction of the Tribunal" and stayed it substantially but partly.
Arguments conclude in the NGT case, final hearing of ATDC case on 13th Feb
On 30th January, arguments concluded in the appeal against the NGT order, and the Supreme Court bench reserved its judgement. It is to "be delivered along with the judgement" on the MHC order (ATDC), listing the latter for hearing on 6th February 2025.
According to the Supreme Court bench's record dated 6th, the submissions by the Attorney General, Mr. R. Venkatramani, and Mr. Vaibhav R. Venkatesh were concluded on that day, and "submissions by the respondent," Natasha Storey, Auroville resident, are to be listed as the "first matter" for hearing on 13th February.
Update: The arguments concluded for the ATDC case and the judgement was reserved by the Supreme Court bench on 13th February.
Related previous articles, from News and Analysis:
Madras High Court quashes order constituting Auroville Town Development Council
Supreme Court stays Madras High Court order quashing Auroville Town Development Council
Mainstream Media goes silent: SC order slams NGT
Draconian Forest Conservation Act goes to the Parliament of India for amendments
