Greeva Garg –
Published on August 05, 2021, at 9:55 AM
The Madras High Court has stayed the National Green Tribunal (NGT) issued office order mandating that the suo moto matters having Pan India or Inter-State implications will only be listed before the Principal Bench of NGT constituted of at least 3 members.
The petitioner pointed to Section 4(4)(c) of the National Green Tribunal Act, 2010 (NGT Act) and argued that the provision states that a bench must have an equal number of judicial members and expert members, hence, the composition of 3 members is in violation of NGT Act.
Accordingly, a Bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu observed that, “Since the impugned office order of June 12, 2021 appears to be contrary to Section 4 of the Act on at least three counts, it is necessary to stay such order pending the disposal of the writ petition.”
The Court acknowledged Rule 5(2) of the National Green Tribunal (Practices and Procedure) Rules, 2011, where the NGT Chairperson specifies the cases which have to be listed before the principal bench consisting of more than 2 members.
Stating Rule 6 of the NGT Rules 2011, the Court opined that, “When territorial jurisdictions have been defined and the places of sitting have been fixed, it will not be permissible for even the Principal Bench to take up matters pertaining to any other Bench at least without a Central Government notification in such regard.”
Accordingly, the Court stayed the office order issued by the NGT by granting leave to the NGT to apply for the vacating of this stay order if required after serving due to the petitioner
The Central Government and the NGT are directed to file a counter affidavit before the next hearing of the matter listed on September 7.
Click here to Download/Read the Order
Also read: What is National Green Tribunal?