Pranav B Prem

The National Green Tribunal (NGT) Western Zone Bench, Pune has dismissed a petition filed by a group of farmers challenging the proposed site selection for the Purandar International Airport, terming the environmental concerns raised at this juncture as premature. The bench comprising Justice Dinesh Kumar Singh (Judicial Member) and Dr. Sujit Kumar Bajpayee (Expert Member) observed that the statutory processes concerning environmental approvals had not yet commenced because even the land acquisition process was still underway, leaving no immediate cause for the Tribunal’s intervention.

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The application was filed by ten farmers representing seven villages—Pargaon, Ekhatpur, Munjvadi, Kumbharvalan, Vanpuri, Udachiwadi, and Khanvadi—whose agricultural lands have been earmarked for acquisition for the airport project. They were represented by Advocates Asim Sarode, Shreya Awale and Balakrishna Nidhalkar. The farmers contended that nearly 2,832 acres of highly fertile, multi-cropped irrigated agricultural land, used for cultivating high-value crops such as custard apple, figs, onions, sugarcane, tomatoes, and pomegranates, would be diverted for an airport that would primarily benefit urban populations. According to them, this would lead to a long-term risk to food security and irreversible ecological degradation.

The petitioners further asserted that the proposed site covers ecologically sensitive grasslands that host diverse fauna, including the Indian grey wolf—protected as a Schedule I species under wildlife laws—along with jackals, hares, reptiles and numerous bird species. They highlighted that shortly after the site was declared, wildlife experts raised concerns about potential habitat destruction, prompting protests by approximately 4,000 villagers. The application also stressed that the alleged lack of transparency around environmental approvals was unlawful, asserting that the Ministry of Environment, Forest and Climate Change (MoEFCC) had neither disclosed the Environmental Clearance (EC) nor made available the Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP), despite requirements under environmental regulations. The applicants produced before the Tribunal a communication dated September 30, 2025 issued by the CPIO of MoEFCC stating that no information was available regarding the EC, EIA/EMP report, or public hearing for the proposed airport.

The farmers alleged further violations under the Biological Diversity Act, 2002, pointing out that no consultation had been held with the State Biodiversity Board, nor were Biodiversity Management Committees constituted, even though the airport project would have a direct impact on biological resources. They also referred to Section 10 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, contending that multi-cropped irrigated land cannot be acquired except in exceptional situations and that alternative sites—including expansion of the existing Lohegaon Airport—were ignored without adequate reasoning.

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While placing these grounds on record, the NGT concluded that the application could not be entertained at this stage. The bench stated that environmental assessments and other statutory compliances would be conducted only after the land acquisition process is completed, and until then there was no basis to invoke the Tribunal’s jurisdiction. The Tribunal observed that although the applicants sought to prevent environmental harm from the outset, “as of now, we do not find any reasonable ground for invoking the jurisdiction of this Tribunal”, noting that the project is still at a preliminary stage where no decisive environmental approval has been granted. It held that the grievances may be raised later, once statutory procedures reach the stage where the Tribunal’s intervention becomes relevant.

Despite the dismissal, Advocate Asim Sarode clarified that the petition was not against the airport project itself but against the selection of Purandar as the airport location, emphasising that infrastructure development should not come at the cost of agricultural sustainability and biodiversity. The petitioners maintain that food scarcity and ecological loss must form a decisive part of development debates, particularly when fertile land is at risk.

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The NGT dismissed the application at the threshold, holding it to be premature as land acquisition and environmental approval processes are still in progress. However, the Tribunal granted liberty to the petitioners to approach it again at an appropriate stage once statutory environmental procedures are initiated. 

Appearance

Applicants: Ms. Shriya Awale, Advocate h/f Mr. Asim Sarode, Advocate

Cause Title: Pandurang Sahebrao Memane & 9 Ors. V. The Maharashtra Airport Development Company Ltd. & 9 Ors.

Case No: Original Application No.127 OF 2025 (WZ)

Coram: Justice Dinesh Kumar Singh (Judicial Member), Dr. Sujit Kumar Bajpayee (Expert Member)