NGT Scrutinizes Retrospective Tree Felling Permission for Bhopal Cricket Stadium
In a significant environmental hearing, the National Green Tribunal (NGT) central bench has raised critical questions regarding the felling of 700 trees for the construction of a cricket stadium in Neelbad, on the outskirts of Bhopal. The tribunal highlighted two pivotal issues that demand thorough examination: whether permission for tree felling can be granted retrospectively and whether the original permission sought for a golf court and sports field can be legally altered by a local authority to facilitate the construction of a cricket stadium instead.
Legal and Procedural Challenges Under Scrutiny
The NGT order noted that while the government claims to have obtained due permissions from the concerned authorities, the petitioner, environmental activist Nitin Saxena, represented by counsel Harpreet Singh Gupta, has raised a fundamental legal challenge. The petitioner contends that the person issuing the permission was not authorised to issue the order, and the person who delegated the power was not empowered to delegate it. This raises serious doubts about the validity of the permissions granted.
In response, the state government, represented by counsel Prashant M Harne, filed a rejoinder asserting that permission to fell the 700 trees during the construction of the cricket stadium was indeed given by the relevant authorities. Harne explained that at the time the initial reply to the petition was filed, approval from the town and country planning (T&CP) department for tree felling was still pending. However, he claimed that this permission has since been granted, thereby correcting what he termed a procedural error.
Debate Over Retrospective Effect and Ecological Impact
Objecting to this stance, Gupta vehemently questioned how permission to cut trees could be granted with retrospective effect, arguing that such a move undermines environmental safeguards and legal due process. After considering the arguments from both sides, the tribunal has granted Gupta a short period to file a rebuttal to the government's rejoinder, ensuring a comprehensive legal review of the matter.
The construction site's location adds another layer of complexity to this case, as it lies in close proximity to the Bhoj Wetland, a designated Ramsar site. This subjects the project to stringent environmental regulations and heightened ecological concerns, emphasizing the need for meticulous adherence to legal and conservation protocols to protect this sensitive wetland ecosystem.
This hearing underscores the ongoing tension between developmental projects and environmental conservation in India, highlighting the crucial role of judicial oversight in ensuring that infrastructure growth does not come at the expense of ecological integrity. The NGT's intervention serves as a reminder of the importance of transparent and accountable governance in environmental matters, particularly in regions with fragile ecosystems like Bhopal.
