New Delhi: The Supreme Court on Wednesday overturned a National Green Tribunal (NGT) order for demolition of a building constructed for a women’s self-help group in Odisha’s Puri district, ruling that the structure built under the state government’s flagship Mission Shakti scheme should remain intact.
The NGT had directed for its demolition on the ground that it was constructed on a waterbody.
“How can NGT direct the demolition of a government building?” a bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, said, while hearing the appeal of Gopinathpur Gram Panchayat Samiti, challenging the NGT order and subsequent the Orissa High Court’s July 2022 ruling, directing the authorities to take remedial action.
“You want to stall all this by filing such petitions. There are enough ponds. If the local self-help group used this building, then there should be no issue…,” the CJI said, noting that the stream had been incorrectly described as a waterbody.
The court criticised the NGT for not consulting expert bodies adequately and questioned the functioning of state pollution control boards in such cases. It stressed that action could only be taken if there was a “brazen violation of the laws”.
The CJI also emphasised the building’s role in empowering rural women through self-employment and sustainability, a constitutional priority that judicial forums must protect.
He further noted that the petitioner in the matter was a resident of the same area, but he chose to raise a legal dispute only after the building was constructed. “At no point in time was it pointed out that the building shall obstruct the flow of the stream. We find no justification for the NGT to entertain this plea after the building is constructed. Thus, the demolition order cannot be sustained, and the high court order and the tribunal’s order to that extent are set aside,” he added.
While allowing the building to stand, the SC directed all stakeholders, including the state pollution control board, to consult experts and devise mechanisms ensuring no obstruction to the flow of the stream.
(With inputs from PTI)
