Environment : Policy decisions by State or Government of India can not be interfered with by the Tribunal

National Green Tribunal Upholds State's Policy Decision on Tehsil Office Construction in Proposed Eco-Sensitive Zone. Tribunal Declines to Interfere, Citing Lack of Constitutional Violations or Arbitrary Actions by the State

In a significant ruling, the National Green Tribunal (NGT), Central Zone Bench in Bhopal, has dismissed an application challenging the construction of a Tehsil office within the proposed Eco-Sensitive Zone (ESZ) in the Kaila Devi Sanctuary, an extension of the Ranthambore National Park. The judgment emphasized the tribunal's limited scope to interfere in policy decisions unless such decisions violate constitutional provisions, statutory norms, or are deemed arbitrary, unreasonable, or discriminatory.

The case, Rajendra Singh v. State of Rajasthan, revolved around the construction activities near the protected Kaila Devi Sanctuary, which is home to diverse flora and fauna, including tigers migrating from the Ranthambore National Park. The applicant, Rajendra Singh, argued that the land allotment for the Tehsil office and other constructions were haphazardly executed, ignoring environmental policies and the pending ESZ notification with the Ministry of Environment, Forest and Climate Change (MoEF&CC).

In its judgment, the tribunal noted that the construction of the Tehsil office was conducted following statutory rules, including the Rajasthan Land Revenue Regulations, 1963. The tribunal acknowledged the government's responsibility to ensure sustainable development while protecting the environment. It cited previous Supreme Court rulings that courts should not ordinarily interfere with policy decisions unless they fail the test of reasonableness, violate statutes or constitutional provisions, or are arbitrary.

The NGT observed that the old Tehsil office was in a hazardous condition, necessitating its relocation and reconstruction to ensure safety and administrative efficiency. The tribunal held that the draft ESZ notification submitted by the Rajasthan government in 2011 was still under deliberation, and the area had not been officially declared an ESZ. Consequently, the construction did not contravene any existing legal or environmental frameworks.

The judgment reiterated that sustainable development is essential for balancing ecological preservation and developmental needs. It underscored the tribunal's role in ensuring compliance with environmental laws while recognizing the administrative prerogative to make policy decisions.

The tribunal's decision aligns with judicial precedents affirming the limited scope of judicial review in policy matters, except where clear violations of law or constitutional provisions occur. The ruling allows the State Administration and MoEF&CC to continue deliberations on the ESZ proposal without interference from the tribunal, thereby respecting the administrative domain in policy formulation.

Bottom Line:

National Green Tribunal held that policy decisions by State Administration or Government of India should not be interfered with by the Tribunal unless they violate constitutional provisions, statutory norms, or are arbitrary, unreasonable, or discriminatory.

Statutory provision(s): National Green Tribunal Act, 2010 - Section 26, Section 28; Article 21 of the Constitution of India; Rajasthan Land Revenue Regulations, 1963.

Rajendra Singh v. State of Rajasthan, (NGT)(Central Zone Bench, Bhopal) : Law Finder Doc Id # 2784865