'Why Is NGT Sitting In A Combination of 5 Judges?It Can Have Two Benches And Do Double Work': Supreme Court

While hearing submissions in a plea impugning a Bombay High Court order, which had quashed administrative notices issued by the Registrar General of the National Green Tribunal transferring certain cases from the Western Zone Bench at Pune to Northern bench at New Delhi, the Supreme Court, on Tuesday, reckoned why the National Green Tribunal (NGT) is sitting in a combination of 5-Member Benches even when there is such burgeoning pendency before it. The pendency attributable to the disproportion between the number of cases and the number of members at the NGT. Senior Advocate, Mr. Dushyant Dave and Mr. Arvind Datar, appearing on behalf of the NGT indicated that the requirement of transfers is predominantly because of the staggering vacancies in sanction posts at the Tribunal. The matter was listed before a Bench comprising Justices B.R. Gavai and B.V. Nagarathna. As Senior Advocate, Ms. Indira Jaising apprised the Bench that 3 members of the Northern Zone Bench of NGT, which is being claimed to be the 'Special Bench' sitting with 2 members of the Western Zone Bench were hearing matters that have been essentially transferred from the Western Zone, Justice Gavai remarked - "…If the Tribunal is so much concerned about vacancies, why is it sitting in a combination of 5. It can have two benches and do double work." He added - "Day in and day out we are seeing orders passed by 4 judges (member), 5 judges (member)." Staggering Vacancies In Sanctioned Posts At NGT A significant concern that was raised and deliberated upon during the hearing was the vacancies at NGT as well as other Tribunals across the country. Mr. Dave submitted that judicial notice has been taken of the staggering vacancies at the Tribunals including the NGT and Centre has been asked to make appointments promptly, but in vain. "It is frustrating. What do we do?" Mr. Datar added - "Order after order of the Supreme Court is not being complied with." Expressing his view on the impact of tribunalisation, Mr. Dave submitted, "Tribunalisation of the administration of justice has done great damage to administration of justice." Appearing to agree with the Counsel, Justice Gavai noted, "We don't know if the purpose stands solved because all the matters again come before the High Court and before this Court." Mr. Dave pointed out that the mechanism of transfer was in fact to facilitate the hearing of urgent cases. He averred that often, due to vacancies, the concerned regional bench might not have sufficient judicial and technical members to hear a matter, in such circumstances it was thought fit that the urgent matters be not kept pending indefinitely and be taken up by the Special Bench. In this regard, he submitted - "As a Chairperson is it not my concern that people who have approached the NGT about the vital issues regarding protection of environment be heard expeditiously. Or should I allow environmental damages to continue because the government is unable to make appointments." Vacancies And Members Of Other Benches Joining Hearing Through VC In order to provide a brief background of the lis, Mr. Datar submitted that because there was no regional Bench of the NGT in the Western region, the original petitioners had filed the Writ Petition before the Bombay High Court. Multiple orders were passed by the High Court to fill up the vaccines, which were eventually complied with. Thereafter, the said petitioners amended their writ petition and challenged the notifications, which have now been quashed. It was emphasised that the quashing of the notifications would have a pan-India ramification. One of these notifications stated that matters prior to 31.12.2017, with the consultation of the concerned Bench can be transferred to the Special Bench. The Bombay High Court, in essence, held that the Western Zone Bench can function only in Pune by physically sitting in Pune. Mr. Datar vehemently assailed the order as it required physical sitting of the Western Zone Bench in Pune. He apprised the Apex Court that even some time back, the Pune Bench did not have a judicial member. So, a member from the Chennai Bench was joining the technical member of the Pune Bench through Video Conferring (VC) for the hearings. "There was an expert member in Pune and another member used to log in from Chennai virtually and hear the matters. Now Bombay High Court says it has to be physical sitting only in Pune." Mr. Datar was concerned that if the impugned order is affirmed then it would have a pan-India ramification, affecting hearings of the different regional Benches of NGT, where due to vacancies, members of other benches are joining in through VC. Number of Members In A Bench Mr. Datar submitted that referring to proviso of Section 4(4)(c) of the National Green Tribunal Act, the Bombay High Court observed that the Act and the Rules thereunder do not...

'Why Is NGT Sitting In A Combination of 5 Judges?It Can Have Two Benches And Do Double Work': Supreme Court

Sohini Chowdhury

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