NGT: Genuine environmental harm cases welcome, not busybodies

The National Green Tribunal (NGT) recently articulated that genuine environmental harm cases are encouraged, but the court must guard against "meddlesome bystanders" abusing the legal process. This principle was highlighted during a hearing concerning an environmental clearance for an iron ore mining project in Santau village, Gwalior district.

The petitioner alleged that the mining lease area is either forest land or in close proximity to it, raising concerns about ecological impact. The NGT bench, comprising Justice Sheo Kumar Singh and Sudhir Kumar Chaturvedi, emphasized the need for strict vigilance to ensure that only legitimate public interest cases are heard.

The tribunal noted that environmental matters demand a liberal interpretation of locus standi, meaning "person aggrieved" should not be narrowly defined. However, it also cautioned against frivolous or motivated litigation, acknowledging that expert bodies' technical deliberations are usually entitled to deference but not immune to judicial review.

The case involves an appeal against an environmental clearance issued on May 22, 2024, for mining in 10.718 hectares. The project proponent and authorities countered that the appeal was time-barred and that the land is not recorded as forest, with necessary statutory approvals obtained. They stressed that expert bodies scrutinized the impact assessment and imposed safeguards due to the area's sensitivity.

This dispute underscores the ongoing tension between economic development through mining and forest protection in mineral-rich regions like Gwalior. The NGT's stance suggests a careful balance between accessibility for genuine environmental concerns and preventing misuse of the judicial system.