HC stays operation of National Green Tribunal notification

CHENNAI: The Madras High Court on Tuesday stayed the operation of a notification issued by the registry of the National Green Tribunal (NGT) transferring all suo motu matters pending before other benches of the NGT having pan-India or inter-State implications to the principal bench at Delhi.

The issue pertains to MR Thiyagarajan, the president of Meenava Thanthai KR Selvaraj Kumar Meenavar Nala Sangam, who alleged the NGT Act and NGT Rules are silent on the NGT having suo moto jurisdiction. It is a settled principle of law that a tribunal, such as the NGT, which is a creature of statute, cannot travel beyond the provisions of the statute and must act within its four corners. This principle has been upheld by the Supreme Court in 2011, he added.

The plea alleged that each NGT bench deals with matters related to natural resources, such as rivers and forests, which cover multiple States and have downstream and upstream effects owing to movement of air, water, animals etc. By the impugned order, the NGT benches, apart from the principal bench in New Delhi, have all been ousted from taking cognizance of issues that arise within their territorial jurisdiction. Thus, the impugned order is wholly contrary to the scheme of the NGT Act, the petitioner contended.

The first bench, comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, in its interim orders, stayed the operation of the June 12, 2021 office order which stated that suo motu matters having pan-India or inter-State implications will henceforth only be listed before at least three members of the NGT’s principal bench in Delhi. The bench adjourned the plea for four weeks for the Central government to file a detailed report.