Order of the National Green Tribunal regarding Chalfilh Tourist Destination Project, Mizoram, 30/10/2019

Order of the National Green Tribunal in the matter of Centre for Environment Protection Vs Union of India & Others dated 30/10/2019 regarding Chalfilh Tourist Destination Phase I & II, Mizoram.

The applicant had said that the project was in violation of Forest Act, 1980 and Environment Impact Assessment (EIA) Notification, 2006. The return filed by the State Respondents indicated that violations alleged appear to have been committed in as much as no clearance under the Forest (Conservation) Act, 1980 had been obtained by the state before commencement of the project and requisite Environment Clearance (EC) under the EIA Notification, 2006 had not been obtained.

It has been stated in the reply that the project was initiated on the verbal instructions given by the Chief Minister of the state. Of the two phases constituting projects estimated at ₹499.00 and ₹500.00, the Phase II was discontinued due to shortage of funds in the year 2015-16.

The affidavit has been sworn by the Additional Resident Commissioner, Kolkata but not supported by any documents. The counsel for the Applicant (Centre for Environment Protection) informed the Tribunal, that the affidavit does not depict the correct state of affairs and as per her information the entire project has been completed.

Taking into consideration, the above facts, the NGT directed the Ministry of Environment Forest and Climate Change and the state of Mizoram to file fresh affidavits on the matter especially with respect to the clearances under forest act and EIA.