New Delhi, Feb 18 The Supreme Court on Wednesday set aside an order of the National Green Tribunal (NGT) ordering demolition of a woman's self-help group building at a village in Puri district of Odisha on the ground that it was constructed on a waterbody.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi was hearing the appeal of Gopinathpur Gram Panchayat Samiti challenging the Orissa High Court's order of July 2022.
The high court had declined to pass any order against the NGT's demolition order and instead directed the authorities to take remedial action.
The bench noted that the structure was raised under the state government's flagship scheme Mission Shakti which empowered women through self-help groups (SHGs).
"How can NGT direct the demolition of a government building?, the CJI said, underlining that it was a challenge to provide basic amenities to people.
The CJI said, "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 counsel for the state pollution control board then submitted that the matter concerned a water stream.
"I know how these state pollution control boards function," the CJI said, adding that it was expected for the NGT to take the help of an expert body in such matters.
The bench said the stream had been incorrectly described as a waterbody.
"It cannot be overlooked that providing self-employment and sustainability to rural women is a constitutional goal, and it has to be protected, including by judicial forums," the CJI said.
The CJI said that action could only be taken if there was a "brazen violation of the laws".
He said that the petitioner in the matter was a resident of the same area, and 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," CJI Kant said.
He said that since it was allegedly a running stream, all stakeholders, including the state pollution control board, had to ensure there was no obstruction to its flow by devising a suitable mechanism through consultation with experts.
Meanwhile, the building had to remain intact, the CJI said.
