Hindustan Times (Noida)

NGT can take up environmen­t issues on its own: Apex court

- Abraham Thomas letters@hindustant­imes.com

NEW DELHI: In a landmark judgment that comes as a shot in the arm for legitimate environmen­tal causes, the Supreme Court said the National Green Tribunal does have suo moto powers and can take up environmen­tal issues on its own. The order came even as the Union government said NGT does not have such powers.

“The National Green Tribunal cannot afford to remain a mute spectator when no one knocks on its door,” the court said on Thursday while passing an order that vests suo moto powers to the body created under the National Green Tribunal Act 2010 for protection of environmen­t.

Holding that any other interpreta­tion would go against public good and render the environmen­tal watchdog “toothless” and “ineffectiv­e”, a three-judge bench of Justices AM Khanwilkar, Hrishikesh Roy and CT Ravikumar said, “It is vital for the well being of the nation and its people, to have a flexible mechanism to address all issues pertaining to environmen­tal damage and resultant climate change so that we can leave behind a better environmen­tal legacy for our children, and the generation­s thereafter.”

The court was considerin­g a

batch of appeals on the question whether NGT has the power to take notice of press reports or even seek response from the government (or government bodies) on preventing and protecting damage to the environmen­t without any applicatio­n being filed before it.

The issue was raised by the Municipal Corporatio­n of Greater Mumbai (MCGM) which was slapped with a fine of ₹5 crore by NGT for not setting up sewage treatment plants. The NGT order of October 2018 came on the basis of a news report. Subsequent­ly, similar exercise of suo motu power by NGT was challenged by the Kerala government in a case relating to shifting of stone quarries from residentia­l areas.

The bench declared, “It is accordingl­y declared that the NGT is vested with suo moto power in discharge of its functions under the NGT Act.” Adding a rider, the bench added, “The exercise of suo motu jurisdicti­on does not mean eschewing principles of natural justice and fair play. In other words, the party likely to be affected should be afforded due opportunit­y to present their side, before suffering adverse orders.”

In its 77-page judgment, the Court said that given the fallout of the climate crisis, “where adverse environmen­tal impact may be egregious, but the community affected is unable to effectivel­y get the machinery into action, a forum created specifical­ly to address such concerns should surely be expected to move with expediency, and of its own accord.”

The NGT Act provided a specialise­d role to the tribunal to act on issues where a dispute arose under seven specified laws: The Water Act, The Water Cess Act, The Forest Conservati­on Act, Air Act, Environmen­t Protection Act, Public Liability Insurance Act and the Biological Diversity Act.

The issue before the court was whether an applicatio­n by a person, as stated in Section 18 of the Act, alone can trigger action by the Tribunal. The Centre represente­d by additional solicitor general (ASG) took the view that NGT can act on a letter or representa­tion but cannot act independen­tly on any issue. This view was also supported by the court-appointed amicus curiae senior advocate Anand Grover.

Justice Hrishikesh Roy, writing the judgment for the bench, said, “The functional capacity of the NGT was intended to leverage wide powers to do full justice in its environmen­tal mandate.”

There were also concerns expressed by lawyers that suo moto powers could be abused. To counter this, the bench said, “As long as the sphere of action is not breached, the NGT’S powers must be understood to be of the widest amplitude.”

 ?? ?? The court was considerin­g pleas on whether NGT can seek reply from government without any applicatio­n being filed before it.
The court was considerin­g pleas on whether NGT can seek reply from government without any applicatio­n being filed before it.

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