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"Prima Facie We Are Of The View That NGT Cannot Strike Down Law", Observes Supreme Court

Radhika Roy
13 April 2021 3:37 PM GMT
Prima Facie We Are Of The View That NGT Cannot Strike Down Law, Observes Supreme Court

The Supreme Court on Tuesday observed that the National Green Tribunal (NGT) could not decide upon and strike down the validity of a law.

A Bench comprising of Chief Justice of India SA Bobde, and Justices AS Bopanna and V. Ramasubramanian were hearing a plea pertaining to an appeal against the Karnataka High Court's order wherein a plea challenging Section 40 of the Biodiversity Act had been transferred by the High Court to NGT, Chennai.
The SLP in the instant case challenges the order of transfer of the plea to the NGT. In today's hearing, the CJI observed, "Prima facie we are of the view that the National Green Tribunal cannot strike down a law".
Senior Advocate Nikhil Nayyar, appearing on behalf of Petitioner Environment Support Group, informed the Court then that the issue had already been clarified in the Sterlite case.
Senior Advocate Aditya Sondhi, however, submitted that in the L. Chandrakumar case, the appellate power had been looked into. To this, the CJI responded that that was not the question present before the Court.
Accordingly, the Court proceeded to direct an ad interim stay on the NGT order. The matter will now be taken up next.

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