Supreme Court Squashes NGT's stay on Rushikonda Hill
The Supreme Court ruled the order of the High Court within their respective territorial jurisdiction will prevail over the demands of all tribunals, including the National Green Tribunal, concerning related issues.
Making it clear that the resort's development will be confined to the area where the structures of the last resort were situated, the court, however, made it clear that it will not create any equity in favour of the developers. The top court "quashed and set aside" the green tribunal's order setting up another expert committee to go into the allegations of damage to the environment, including the "shaving off" of a hill located in Rushikonda by the developer of a resort near the eco-sensitive zone in Visakhapatnam seashore.
The top court's vacation bench ruled, so when lawyer Balaji Srinivasan appeared for respondent YSRC's Lok Sabha member Raghuraju Kanumuru urged the court not to quash the NGT order. He said the green tribunal was created by a statute and carried a much larger mandate relating to environmental issues. The earlier expert committee that the NGT set up had given findings favouring the new developer of the resort at the Visakhapatnam seashore.
The court permitted the respondent Raghu Ramakrishnaraju to implead himself in the proceedings on the issue before Andhra Pradesh high court. Meanwhile, according to APTDC officials, the state government had allotted 69.65 acres of land, favouring the tourism department in the 1980s. APTDC built Haritha resorts in 2006, covering an area of 4439 square metres. Now a proposal is to develop a tourism project in its place.