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Supreme Court of India 2025-03-17 allowed

THE AUROVILLE FOUNDATION vs NAVROZ KERSASP MODY

Bench: 2 — Bela M. Trivedi, Prasanna B. Varale

In Brief

The Auroville Foundation challenged NGT orders directing it to obtain fresh Environmental Clearance and prepare a new township plan before completing roads under its approved Master Plan. The Supreme Court held that the Tribunal lacked jurisdiction because no substantial environmental violation under Schedule I enactments (Forest, Environment Acts) was established. The area was not a deemed forest requiring protection, and the Master Plan had been approved by competent authority in 2001 with statutory finality. The Court found the Tribunal exceeded jurisdiction by applying Precautionary Principle without a substantive environmental violation. The appeals were allowed and Tribunal orders quashed, reaffirming that sustainable development requires balancing development rights with environmental protection.

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Environmental Law National Green Tribunal Jurisdiction Forest Conservation Sustainable Development Administrative Law Precautionary Principle Environmental Clearance Town and Country Planning

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