The Supreme Court on Monday set aside a National Green Tribunal order that had banned the Auroville Foundation from undertaking 'development' activities within its township in Puducherry.
A bench of Justice Bela M Trivedi and Justice Prasanna B Varale held that the "right to development claims equal priority (to the right to a clean environment) under the fundamental rights" and overturned the April 2022 order by the NGT's Southern Zone office.
The Supreme Court struck down that order, saying it had been passed "without jurisdiction" and is "legally untenable". The court said no case for violation of any law had been made out with respect to required environmental protection.
However, Justice Trivedi also underlined the "need for sustainable development (that) strikes a golden balance between the right to development and the right to a clean environment".
The NGT order had been passed after an appeal by Navroz Kerasp Mody that challenged the cutting of a large number of trees by the Auroville Foundation. The argument was that the area constituted a 'forest' and the township's 'development' plans would destroy the green area.
Auroville, though, had argued it had been developed as an 'international cultural township' and could not, therefore, be viewed as a forest area.
The NGT then directed the Foundation to file a plan with respect to the proposed construction work, which included ring roads and industrial areas. The Foundation was also told to get environmental clearances. All work had been halted till these requirements were met.
Auroville claims to a "universal town where men and women of all countries are able to live in peace and progressive harmony above all creeds, all politics and all nationalities".
According to its website, the purpose of Auroville is "to realise human unity".
The focal point of the township is the Matrimandir, referred to as 'the soul of the city' that functions as a place for meditation, self-reflection, and prayer. Radiating out beyond are four zones - Industrial (in the north), cultural (northeast), residential (south/south west) and international (west). And surrounding the township is a green space that consists of forested areas, farms, and sanctuaries. .
