SC sets aside NGT order, allows construction on Rushikonda Hills

The bench comprising Justice BR Gavai and Justice Hima Kohli was hearing the plea of Andhra Pradesh state challenging the NGT order that had halted the construction at Rushikonda hills.

New Delhi: The Supreme Court on Wednesday set aside the order of the National Green Tribunal(NGT) that had stayed the construction of the Rushikonda Hills tourism project in Vishakhapatnam, Andhra Pradesh, and allowed the state to carry on construction. However, it has restrained the state from making any construction in the freshly excavated areas and has allowed only in the part where already a resort was existing and is now demolished. The bench comprising Justice BR Gavai and Justice Hima Kohli was hearing the plea of Andhra Pradesh state challenging the NGT order that had halted the construction at Rushikonda hills.

Earlier, a plea challenging the construction was moved in the Andhra Pradesh High Court first wherein it had permitted the construction. Later, an application was written by YSRCP MP Raghu Ramakrishna Raju to the NGT based on which the NGT took cognizance of the matter, constituted committees, and stayed the construction despite the state pointing out that the matter was already pending in the HC. One committee that was constituted had ruled out any violation in construction and the second committee's report is awaited.

The top court in its order today observed that the NGT is subordinate to the High Court so far as territorial jurisdiction is concerned and "it was not appropriate on part of NGT to continue the proceedings especially when it was pointed out that the High Court is already seized of the matter". "We are of the considered view that continuation of proceedings before NGT would not be in the interest of justice," said the court while quashing and setting aside the proceedings before the NGT.

It said that conflicting orders by both the courts have put the authorities in a fix on which order to follow and in such a situation order passed by the Constitutional Court would prevail over the orders of the statutory tribunal.

The court, however, said that if the HC wants to consider the findings of the committee constituted by the NGT, it can do so or appoint a fresh committee. To prevent a situation where things won't be able to get restored, the court said that the state should not make any construction on the freshly excavated areas in the hills till the HC decides the matter. The court clarified that it has not commented on the merits of the case and parties shall raise their concerns before the HC which will decide the matter.