Supreme Court refuses to stop operations of Noida Metro


The Hindu

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Cannot put clock back: Supreme Court refuses to stop operations of Noida Metro

Noting that the entire metro rail project is complete and running, the Supreme Court has refused to stop the Noida Metro’s operations for want of an environmental clearance.

The court was hearing an appeal filed against a May 31, 2016 order of the National Green Tribunal (NGT), directing that all metro rail projects need an environmental clearance after conducting a proper environment impact assessment.

Keeping the question of law open, a Bench of Justices M.R. Shah and C.T. Ravikumar said the metro services in Delhi and Noida are being used by the public at large.

“In that view of the matter, when the entire metro rail project is complete and the metro rail is running, the clock cannot be put back and the same shall not be even in the larger public interest. Under the circumstances, we propose to dispose of the present appeals, keeping the questions of law open,” it said.

The apex court said the NGT order cannot be acted upon in the peculiar facts and circumstances of the case.

The NGT had held that all metro rail projects need an environmental clearance after conducting a proper environment impact assessment. It had said the Noida Metro, the construction of which was challenged before it, fell under Schedule 8(b) of the Environment Impact Assessment Notification, 2006, relating to buildings, construction and development projects that are mandated to get a prior environmental clearance.

The green panel had also directed the upcoming Noida-Greater Noida Metro project to obtain an environmental clearance from the State Level Environment Impact Assessment Authority.

The order was passed on a plea filed by environmentalist Vikrant Tongad, seeking directions to the Noida Metro Rail Corporation (NMRC) to obtain an environmental clearance for its project from Noida to Greater Noida after conducting a proper environment impact assessment.

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