Supreme Court Stays HC Order Quashing Transfer Of NGT Cases From Zonal Benches To Delhi; Directs Western Zone Cases To Be Heard At Pune

"Rule is made absolute in terms of prayer clause (a). All five impugned notices dated 6th September 2021, 4th January 2022, 11th April 2022, 27th April 2022 and 26th August 2022 are quashed and set aside. The constitution of the Special Bench seated at New Delhi is illegal. Only the Members of the Western Zonal Bench can hear matters pertaining to the Western Zonal Bench, including matters arising from Goa and Maharashtra."

The Apex Court however clarified that since two members, one judicial and one expert member, are now available for the Western Zone Bench, all matters pertaining to Western Zone including matters arising out of the States of Goa and Maharashtra would be heard by the Pune Bench sitting at Pune.

Senior Advocate Dushyant Dave also appeared for the NGT. Senior Advocate Indira Jaising appeared for the NGO The Goa Foundation, which approached the Bombay High Court challenging the transfer of cases from Western Zone (which includes Goa) to Delhi.

The senior lawyers appearing for the Tribunal informed the bench that the transfer orders were issued in view of the unfilled vacancies at the regional benches. 

The notices were issued between September 6, 2021 and August 26, 2022, which were challenged through a PIL by NGO, The Goa Foundation.

The 3-judge bench of the High Court, in its 41 page judgment of September 21, 2022, affirmed the view taken by a division bench of the Bombay High Court in an October 2017 judgment. In that judgment in Suo Motu Writ Petition No. 1 of 2017, the High Court had recommended that the authorities must consider a proposal to establish a circuit bench at Panaji in Goa.

"It is fair to say that the environmental concerns of Goa have been pivotal in shaping the face of environmental law in this country. Those struggles to preserve that land and its environment have continued; as indeed they should. We, therefore, reaffirm such recommendation, that far from moving Goa-centric matters away from Pune, every endeavour must be made to set up a circuit bench in Panaji. This is the only way that true access to justice can be achieved; and access to justice has been held to be a "part and parcel of the right to life"," the High Court order reads on this point.

The High Court observed,

"There is no reason why the Western Zone Bench should have to wait online on VC till the work of the Special Bench is over except to lend some colour of legitimacy that the Special Bench is not usurping jurisdiction because the two Western Zone Bench Members are also present online. In fact, this is a complete usurpation of jurisdiction of the Western Zonal Bench, and it fails every test of law and judicial review."

The bench also observed that the notice of September 6, 2021 was "confusing" because it said that the Special Bench will take up those matters which need to be taken up "by the Additional Bench till constitution of the Additional Bench" or till further orders, however, what this Additional Bench is, or was meant to be, was "unexplained."

"There are many things missing and much left to be desired in each of these notices and in all of them taken together. For one thing, there is a complete lack of clarity. There is no roster for the Special Bench. It is unclear to anyone, even to us, which matters are to be taken by the Special Bench or why, and which will continue before the Western Zonal Bench," the High Court had observed.

[Case Title: NGT And Anr. v. Goa Foundation And Ors. SLP(C) No. 17931/2022]

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