After Supreme Court’s Contempt Warning, Principal Bench of National Green Tribunal Transfers Cases From Western Zone

“In view of the affidavit filed by the Registrar of the National Green Tribunal, the grievance of the applicant no longer survives. Therefore, the application is therefore disposed of.”

A bench of Justices Gavai and Aravind Kumar was hearing an application filed by the National Green Tribunal Bar Association (Western Zone) alleging that the top court’s October 2022 order has been violated by the principal bench of the tribunal.

The intervention application was ‘closed’ after senior advocate Arvind P Datar, appearing on behalf of the NGT before the top court, told the bench, “We have filed an affidavit. All the cases have been transferred to the western bench, even the old matters. This IA may now be closed since nothing survives.” On behalf of the applicant bar association, Advocate Ninad Laud agreed with the senior counsel’s suggestion. He said, “This court may record the [relevant portion] and dispose of the application.”

Senior advocate Indira Jaising, appearing for an environmental action group, Goa Foundation, however, raised concerns over the 'vagueness' of the transfers that the principal bench referred to, in the affidavit filed by the registrar of the tribunal. “There is a lack of clarity in this paragraph. They have said that the cases have been transferred, but they have not mentioned to which bench.”

“Ms Jaising, there will not be any issues. No need to worry,” said Justice Gavai, before adding, “Some observations made by us on the last date were communicated by Mr Datar. There won’t be any problems.” Justice Gavai also remarked, “We do not mean any disrespect, but there must be certain judicial discipline.”

It must be noted that while this application was disposed of, the main petition was kept pending for deliberation, to settle the law after two ‘conflicting’ judgements were given on certain rules made under the National Green Tribunal Act, 2010. The top court will hear the main matter in August, 2023.

Background

This application was moved in a petition filed by the National Green Tribunal challenging an order of the Bombay High Court, quashing administrative notices by the Registrar-General of the NGT transferring cases from the western zone bench at Pune to special benches at the principal seat in the national capital.

Besides quashing the impugned notices as ‘illegal’, a full bench of the Bombay High Court also held that the constitution of the special bench in New Delhi was ‘illegal’, and that “only the members of the western zone could hear matters pertaining to the western zonal bench, including matters arising from Goa and Maharashtra”. Datar told the apex court that the order against which they had preferred an appeal would have pan-India ramifications since the notices had been quashed in their entirety. “This would mean that transfer of cases from other zonal benches to Delhi were also going to be affected, and not just transfers from the western zone.” While issuing notice on the tribunal’s special leave petition, the Supreme Court also stayed the operative portion of the decision of the high court’s full bench, therefore holding in abeyance its order to quash and set aside all impugned notices issued by the registrar general of the tribunal.

Further, at the end of the admission hearing in October, the bench led by Justice Gavai categorically stated that since two members – one judicial, and one expert member – were available at the western zone bench, all matters arising out of the region, including from the states of Goa and Maharashtra, would have to be dealt with by the bench at Pune.

However, the National Green Tribunal Bar Association (Western Zone) alleged non-compliance by the principal bench of the tribunal with the top court’s October 2022 order, by filing the application that was disposed of today. Earlier this month, a bench headed by Justice Gavai expressed its disapproval over the principal bench of the tribunal continuing to hear the suo motu cases, despite its strictures. The principal bench of the National Green Tribunal should know its limitations, said the Supreme Court on Monday. Justice Gavai categorically reiterated that the jurisdiction of the principal bench was limited only to the northern zone. “We will not hesitate to issue a contempt notice,” he sternly told the senior counsel appearing on behalf of the National Green Tribunal.

Case Title

National Green Tribunal & Anr. v. Goa Foundation & Ors. | Special Leave Petition (Civil) No. 17931 of 2022

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