The Supreme Court on Wednesday quashed the National Green Tribunal’s (NGT) ban on construction on Rushikonda hills in Visakhapatnam, saying the orders of constitutional courts are applicable to statutory tribunals if they contradict each other.
A vacation bench of Justices BR Gavai and Hima Kohli observed that the NGT should not have interfered when the High Court had already attached the matter.
“The conflicting orders passed by the NGT and the High Court will give rise to an odd situation. The authorities will face difficulty as to which order to follow. In such a case, the orders of the Constitutional Court shall prevail over the statutory tribunals,” the top court said.
subordinate to HC
The bench said that as far as territorial jurisdiction is concerned, the NGT is subordinate to the High Court.
The bench, however, said the need for development has to be balanced with the need to conserve and protect the environment for future generations.
The Bench also clarified that the construction would be done on a flat area and where earlier the resort existed and was later demolished.
The matter pertains to a petition by the state of Andhra Pradesh challenging the NGT’s decision to stop the construction work in Rushikonda Hills.
NGT allows Member of Parliament K. The order was passed on a petition filed by Raghu Ramakrishna Raju, alleging violation of CRZ norms by the project.
The Andhra Pradesh High Court had also issued notices to Andhra Pradesh Tourism Corporation, Visakhapatnam Collector and Greater Visakhapatnam Municipal Corporation (GVMC) Commissioner on issues related to Rushikonda Hill.