News Analysis India

Tag: NGT Act

  • NGT can suo motu clear environmental issues, rules Supreme Court

    By Express News Service

    NEW DELHI: In a major verdict, the Supreme Court said that National Green Tribunal (NGT) can take suo motu cognisance based on letter petitions and media reports under NGT Act 2010 and can also initiate proceedings on issues pertaining to environmental significance.

    A bench of Justices A M Khanwilkar, Hrishikesh Roy, and C T Ravikumar delivered the judgment on a batch of petitions seeking direction on the suo motu jurisdiction of NGT. “NGT is the institutionalisation of the developments made by this Court in the field of environment law. These progressive steps have allowed it to inherit a very broad conception of environmental concerns. Its functions therefore, must not be viewed in a cribbed manner, which detracts from the progress already made in the Indian environmental jurisprudence,” the judgement stated.

    It further stated that, “The NGT Act, when read as a whole, gives much leeway to the NGT to go beyond a mere adjudicatory role. The Parliament’s intention is clearly discernible to create a multifunctional body, with the capacity to provide redressal for environmental exigencies. Accordingly, the principles of environmental justice and environmental equity must be explicitly acknowledged as pivotal threads of the NGT’s fabric.”

    Panel files contempt plea as Kappan unwellNew Delhi: Kerala Union of Working Journalists has filed a contempt petition in the Supreme Court alleging that journalist Siddique Kappan, who has been in prison for over a year, is sick and in severe pain due to lack of medical attention to him. The plea also cited an earlier SC order in which it had observed owing to the apparent precarious health condition of the arrestee, it is necessary to provide adequate and effective medical assistance to him.

  • Supreme Court to hear on August 25 issue of whether NGT has power to take cognisance on its own

    By PTI

    NEW DELHI: Why can’t the National Green Tribunal (NGT) take the responsibility and provide “some solace” to victims of pollution related issue if there is no formal application before it, said the Supreme Court on Wednesday while examining the issue of whether the tribunal has the power to take cognisance of a matter on its own.

    The apex court, which said it would hear arguments on August 25 on the aspect of whether the NGT which was established in 2010 to deal with cases pertaining to environmental issues has the power to take suo motu cognisance, observed that purpose and intent behind the provisions of NGT Act has to kept in mind while dealing with the matter.

    “Here, there is common man, victims of pollution related issues. Now, why the tribunal cannot take the responsibility and resolve that and provide some solace to these victims if there is no formal application,” a bench of justices AM Khanwilkar and Sanjiv Khanna observed.

    The apex court made the observation after senior advocate ANS Nadkarni, appearing for one of the parties in the matter, argued that there has to be a dispute before the tribunal which means there has to be an applicant before it.

    The bench, which was hearing a batch of petitions relating to the issue regarding NGT’s power to take suo motu cognisance, said there may be variety of reasons for not filing applications.

    “Accepting that argument will be virtually curtailing the powers of an authority which has got very significant and important powers,” the bench said, adding that issues like nature, function, power and duty conferred upon the tribunal have to be looked into.

    Nadkarni told the bench that senior advocate Anand Grover, who was appointed as an amicus curiae to assist the apex court in the matter, has agreed that NGT has no suo motu power. “You agree with his submission that the tribunal has no suo motu power?,” the bench asked the amicus.

    Grover said he agree with the opinion of Nadkarni on this. Nadkarni told the bench that he would circulate the judgements which he would refer during the arguments and his submissions in the matter. “We are not saying that NGT does not have the jurisdiction. The issue is does the tribunal has suo motu power,” he said.

    The bench, which said that parties may file their written submissions on the point of suo motu jurisdiction of the tribunal, posted the matter for hearing on August 25. The NGT had earlier taken suo motu cognisance on the issue pertaining to solid waste management in Maharashtra and imposed cost of Rs five crore on the municipal corporation.

    The apex court was earlier told that the Bombay High Court was already monitoring the issue of solid waste management in Maharashtra and the NGT should not have taken cognisance on its own in the matter.