[Vizag Tragedy] NGT Says It Has The Power To Take 'Suo Motu 'Cognizance Against Environment Law Defaulters [Read Order]

The National Green Tribunal on Monday held that it has the power and jurisdiction to institute suo moto proceedings against environment law defaulters and it thus held that the orders passed by the Tribunal against South Korean company LG Polymers in a suo moto case registered against the fateful incident of chemical gas leak at Vizag in Andhra Pradesh, are not illegal. The observation has been made by a bench headed by NGT Chairperson Justice Adarsh Kumar Goel in a review petition moved by LG Polymers, stating that the NGT cannot exercise suo moto jurisdiction. "NGT has the purpose and power to provide relief and compensation to victims of environment damage, restitution of property, and restoration of environment. To effectuate this purpose, NGT has wide powers to devise its own procedure. In appropriate circumstances, this power includes the power to institute suo-motu proceedings and not keep its hands tied in the face of drastic environmental damage and serious violation of right to life, public health and damage to property," the Tribunal has held. Reliance was placed on State of Meghalaya v. All Dimasa Students Union (2019) 8 SCC 177, whereby the Supreme Court had observed that the use of words like such orders; gives such directions as may be necessary or expedient; order to prevent abuse of process; etc., "enable the Tribunal to pass orders and the above words confer wide discretion." The Tribunal said, "This is especially so when the victims are marginalized and/or by reason of poverty or disability or socially or economically disadvantaged position cannot approach the Tribunal," as the Vigaz Gas Leak has affected the residents of a nearby village. It said that if the NGT is presumed to not have the power to institute suo moto proceedings, it will be "robbed" of its efficacy of preventing environmental damage and providing relief to the affected population. "If NGT were powerless to institute suo-motu proceedings where so warranted, as in the present case, it would be robbed of all its efficacy, because then the situation would be that if environmental damage causes loss of life, public health and property, the court can grant relief only if the victims found the means to approach it first. Such limitation, to a large extent, would emasculate NGT's raisond'etre, and render it nugatory and futile," the order states. Backdrop The hazardous gas leakage incident occurred in the wee hours on May 7 resulting in death of 11 persons (now 12) and hospitalization of more than 100 people, of whom at least 25 were then reported to be serious. The NGT thus took cognizance of the incident vide an order dated May 8, directed LG Polymers to forthwith deposit an initial amount of Rs. 50 Crore with the District Magistrate, Vishakhapatnam. This order was challenged by the Company before the Supreme Court, not disputing the direction for deposit of security, but questioning the jurisdiction of NGT to take suo motu cognizance. The Supreme Court, vide order dated May 19, gave liberty to the Company to raise appropriate contentions before the NGT itself, pursuant to which the instant review petition was filed. Findings Power to take suo moto action In its order, the NGT bench also comprising of Justice Sheo Kumar Singh and Dr. Nagin Nanda, has emphasized that the NGT alone has the power to provide relief and compensation to the victims of pollution and other environmental damages, restitution of property and environment. (See Section 15 of the NGT Act) Reliance was placed on a three-judge bench judgment of the Supreme Court in Bhopal Gas Peedith Mahila Udyog v. Union of India, (2012) 8 SCC 326, which discerned that the NGT is a "statutory and specialized forum" to deal with any issues relating to environment. "There is no other forum entrusted such jurisdiction exclusively. Several serious issues of environment, including air, water, soil, and other life-threatening pollution have been taken up by this Tribunal suo-motu. The citizens affected in these cases were unable to access their remedies and approach the Tribunal, limited by varying disabilities and handicaps…If this Tribunal is prevented from instituting suo-motu proceedings, these issues and violations would remain unaddressed, citizens' inalienable right to life and other rights will stand jeopardized, and the serious and irreversible environment damage would continue unchecked," the Tribunal thus observed. The Tribunal emphasized that the approach of a Judicial Forum in dealing with the environmental issues cannot be "hyper technical", for that would defeat the ends of justice, especially in matters where Right to Life is implicated. "Once patent violations affecting Right to Life are in public domain, the court cannot be debarred from remedying the same on the sole ground that the affected party has it moved the court. The court can devide...

[Vizag Tragedy] NGT Says It Has The Power To Take 'Suo Motu 'Cognizance Against Environment Law Defaulters [Read Order]

Akshita Saxena

Tags