In a significant ruling, the Supreme Court of India on Wednesday quashed an order of the National Green Tribunal (NGT) that had directed the demolition of a women’s self-help group building in Gopinathpur village of Odisha’s Puri district.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi was hearing an appeal filed by the Gopinathpur Gram Panchayat Samiti challenging a July 2022 order of the Orissa High Court.
The High Court had earlier declined to interfere with the NGT’s demolition order and had directed authorities to take remedial action.
The apex court noted that the structure had been constructed under the Odisha government’s flagship women empowerment scheme, Mission Shakti, aimed at strengthening self-help groups and promoting rural women’s economic sustainability.
Chief Justice Surya Kant questioned the tribunal’s directive, observing:
“How can NGT direct the demolition of a government building?”
He emphasised that providing self-employment opportunities and sustainability to rural women is a constitutional goal and must be protected, including by judicial forums.
The bench observed that the stream in question had been incorrectly described as a waterbody and found no justification for entertaining the plea after the building had already been constructed.
The Court stated that action could only be warranted in cases of clear and “brazen violation” of environmental laws. It also noted that the petitioner was a local resident who raised objections only after the building had been completed.
“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,” the Chief Justice said.
However, the bench directed that since the structure is near a running stream, stakeholders including the State Pollution Control Board must ensure that the natural flow of water is not obstructed, in consultation with experts.
