
The litigation ongoing in the National Green Tribunal, Principal Bench filed by a group of citizens bodies asking for scrapping of the Environmental Clearances granted to M/s Mantri Techzone P Ltd and M/s Coremind Software and Services P Ltd took an interesting turn into a constitutional question during the last hearing held on December 17, 18 and 19 in New Delhi.
Arguing before the Tribunal, Senior Advocate and President of the NGT Bar Association Raj Panjwani raised the issue before the bench and pointed out that the Supreme Court had earlier ruled in Narmada Bachao Andolan vs State of Madhya Pradesh that the Right to Water is a constitutional right which is an integral part of the Right to Life and Liberty guaranteed to every citizen by the Constitution.
The issue was raised in the context of the high powered lawyer team representing the two builders in question arguing that the petition of the residents bodies should stand dismissed on technical grounds like time limitation and maintainability. It is interesting that the lawyers for the builders in question have chosen to focus their arguments purely on a narrow technicality, perhaps understanding how fragile their environmental case is.
Once a Constitutional right is violated, however, issues of limitation do not apply and this is why the question raised by Panjwani raised a flutter in the court hall. The matter stands adjourned to 6th and 7th of January 2015 for further hearings.
One issue that really rankled citizen groups was the clear evidence in the courtroom of collusion between the Government bodies and the builders involved in the project. Time and again, the Government pleaders chose to remain silent when asked to object to the contentions of the builders.
It is no wonder that Bengaluru is in the grip of the real estate lobby — their tight grip over the levers of governance would appear to extend even to influencing Government bodies and their advocates to abrogate their basic sense of integrity and fair play and tacitly join the opposition camp.
Citizens have also petitioned the Ministry of Environment and Forests, Government of India to use the overriding powers available under Section 5 of the Environment Protection Act and revoke the environmental clearances granted to the projects.