(Feature Image:- Justice G.R. Swaminathan of the Madras HC speaking at a seminar organised jointly by Madurai Bar Association and Wildlife Trust of India in Madurai on Sunday (Dec. 17). Photo Credit: G. MOORTHY/The Hindu)
The statement of Justice R Swaminathan of Madras High Court is so true: When it comes to violations in big ticket environment projects, the Supreme Court closes its eyes, including the current CJI DY Chandrachud. As he mentioned the SC has such a poor track record whether it is Narmada or Tehri project or the Kundakulam Nuclear Power project or even the Navi Mumbai Airport project. The list can be much longer.
It is indeed high time that there is a comprehensive review of track record of higher judiciary (including the Supreme Court, High Courts and even the National Green Tribunal) in judging violations in environmental governance of big projects. Even on eminently justiciable matters like adequacy of rehabilitation of the displaced, the adequacy of environment and social impact assessments, adequacy of public consultation process, adequacy of environmental appraisal, monitoring or compliances, not only the track record of the governments pathetic, but the track record of higher judiciary is also nothing to write about. Unfortunately, there is no pressure on the judiciary to amend this.
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