The Supreme Court delivered the full judgements on both the NGT order and ATDC cases on 17th March 2025.
Judgement on the NGT order
The judgement on the NGT order completely sets aside the NGT order of 2022 because Auroville's development started much before the Environmental Impact Act came into effect in 2006, and its master plan was approved by the Minister of HRD in 2001. The judgement states development is equally a fundamental right as a clean environment under the Constitution of India:
"...while the right to a clean environment is a guaranteed fundamental right under Articles 14 and 21 of the Constitution of India, the right to development through industrialisation equally claims priority under fundamental rights particularly under Articles 14,19 and 21 of the Constitution of India. There is therefore a need for “Sustainable Development” harmonising and striking a golden balance between the right to development and the right to clean environment". (para 17 of 19)
Judgment on the Madras High Court order on ATDC
The Supreme Court judgement on the Madras High Court first bench order in 2024 setting aside the constitution of ATDC states, "...some disgruntled and discontented residents kept on filing petitions one after the other dragging the Appellant-Foundation into unnecessary litigations.The Writ Petition filed by the respondent [Natasha Storey] before the High Court was one of such ill-motivated petitions filed by her to abuse the process of law, to hamper the development of Auroville, and to cause obstructions in the smooth functioning of the Governing Board of the Foundation. Hence, the Appeal is allowed with cost of Rs. 50,000/- to be deposited by the respondent before the Supreme Court Legal Service Committee within two weeks from today." (para 19 of 20).
The Supreme Court observed: "There is no legal or statutory right conferred upon the Residents’ Assembly or upon an individual resident to be part of any committee/council constituted by the Governing Board in exercise of its powers conferred under Section 11(3), 16(1) and 17(e) of the said Act read with Rule 5(1) and 5(2) of the said Rules. The functions of the Residents’ Assembly are confined only to advise the Governing Board in respect of the activities relating to the residents of Auroville and to make recommendations as specified in Section 19 of the Act, and not any further". (para 17 of 20)
The judgements are attached.
SC Judgement on the National Green Tribunal order
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| The Supreme Court Bench consisted of Justices Bela M. Trivedi and Prasanna B. Varale (Screenshots from videos of recent years' public functions, YouTube) |
Related previous articles: Madras High Court quashes order constituting Auroville Town Development Council
Mainstream Media goes silent: SC order slams NGT