SC sets aside NGT order on stopping construction at Rushikonda Hills

The Supreme Court on Wednesday set aside the National Green Tribunal's order that stopped construction at Rushikonda Hills abutting the beach in Visakhapatnam, while emphasising that though development is necessary, it is equally important to protect the environment.

A vacation bench of Justices B R Gavai and Hima Kohli also said the High Court's directions would prevail over the tribunal orders, in a scenario where both have passed contradicting orders.

The bench said NGT was not correct in continuing the proceedings before it, even after being pointed out that the High Court was already seized of the matter and had passed orders.

The bench pointed out that contradicting order would be an issue for the concerned authorities, as they would not know which order to follow.

“In such a case, orders of the constitutional court would prevail over orders of the tribunal," the bench said.

During the hearing, the bench also pointed out it is important to strike a balance between development and the environmental issues. The bench also stressed on the importance of ensuring a pollution-free environment for future generations.

The top court was hearing a plea by the Andhra Pradesh government, led by senior advocate A M Singhvi, challenging the NGT order, which had in May stopped construction works at a tourism project at Rushikonda Hills in Visakhapatnam.

The bench said that since the High Court had allowed construction, therefore, it will be appropriate for it to take a decision in the matter, striking a balance between development and environmental issues.

Advocate Balaji Srinivasan, counsel for MP K Raghu Ramakrishna Raju, contended that hills have been shaved off, and it cannot be restored, and insisted that if construction for resorts were to continue then hills will be lost.

The bench asked the parties to move before the High Court in the matter, and also granted liberty to Raju to file an impleadment application.

The bench said till the High court takes a call on the issue, the construction will be permitted only on the flat areas, and the area where construction existed earlier. The top court also made it clear that no construction will be carried out on areas excavated from the hills, and parties are at liberty to raise issues, which would be considered by the High Court in accordance with law.

The tribunal’s order, passed in May, had come on a petition filed by Raju, alleging violation of Coastal Regulation Zone norms by the project.

The NGT also set up a joint committee to look into the environmental viability of the project and whether CRZ clearances should be revisited. It was alleged that the master plan notified by the Urban Development Department was violated.