{"id":255438,"date":"2021-10-11T14:20:44","date_gmt":"2021-10-11T08:50:44","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=255438"},"modified":"2021-10-15T10:43:39","modified_gmt":"2021-10-15T05:13:39","slug":"whether-the-national-green-tribunal-has-the-power-to-exercise-suo-motu-jurisdiction-in-the-discharge-of-its-functions-under-the-national-green-tribunal-act-2010","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/10\/11\/whether-the-national-green-tribunal-has-the-power-to-exercise-suo-motu-jurisdiction-in-the-discharge-of-its-functions-under-the-national-green-tribunal-act-2010\/","title":{"rendered":"Environmental Watchdog | NGT could act upon a letter written to it but cannot be triggered suo motu on learning about an environmental exigency? Supreme Court Verdict"},"content":{"rendered":"

Supreme Court of India:<\/strong> The Bench of A.M. Khanwilkar, Hrishikesh Roy and C.T. Ravikumar, JJ., considered the question, Whether the National Green Tribunal has the power to exercise Suo Motu jurisdiction in the discharge of its functions under the National Green Tribunal Act, 2010?<\/p>\n

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\u201cNGT, with the distinct role envisaged for it, can hardly afford to remain a mute spectator when no-one knocks its door.\u201d<\/span><\/p>\n

\u201c\u2026adopt an interpretation which sustains the spirit of public good and not render the environmental watchdog of our country toothless and ineffective.\u201d<\/span><\/p>\n<\/blockquote>\n

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Backdrop<\/span><\/h3>\n
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NGT took suo motu cognizance of the article titled \u201cGarbage Gangs of Deonar: The Kingpins and Their Multi-Crore Trade\u201d <\/em>in the online news portal, The Quint. <\/em><\/p>\n

After the registration of the above-stated case, steps were taken for inspection of the Deonar Dumping Site by the representative of the Central Pollution Control Board, Maharashtra Pollution Control Board, the District Collector of the area and also the representative of the Municipal Corporation of Greater Mumbai.<\/p>\n

In the above matter, NGT noted that \u2018damage to the environment and public health is self-evident\u2019 and ordered MCGM to pay compensation of Rs 5 crores.<\/p>\n

This Court while entertaining the Civil Appeal of MCGM, ordered stay on the operation of NGT\u2019s order and thereafter arranged for analogous consideration of cases where common threshold jurisdictional issue arose on NGT\u2019s power to exercise suo motu jurisdiction.<\/p>\n

NGT cannot act on its own motion or exercise power of judicial review or act suo motu?<\/em><\/span><\/p>\n

Mukul Rohatgi, Dushyant Dave, Jaideep Gupta, Dhruv Mehta, Atmaram Nadkarni, Krishnan Venugopal, V. Giri, Sajan Poovayya and Sidhartha Dav, Senior Counsel together with E.M.S Anam, Amrita Sharma, S. Thananjayan took the common stand and argued that, NGT being a creature of the statute, the forum cannot assume inherent powers as under Articles 32 and 226 and its domain is circumscribed by the limitations so imposed.<\/p>\n

Further, they argued that NGT has an adjudicatory role to decide disputes which necessarily mean the involvement of two or more contesting parties.<\/p>\n

Therefore, the NGT by acting suo motu<\/em> cannot transpose itself to the shoes of one such party.<\/p>\n

Stand taken by Amicus Curiae<\/strong><\/span><\/h4>\n

Senior Counsel Anand Grover, who was appointed as Amicus Curiae acknowledged the role and position under the Act and its wide jurisdiction over environmental matters but he opined that the NGT was incapable of triggering action on its own.<\/p>\n

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\u201cThe NGT cannot act suo motu without someone moving the Forum as otherwise the forum then would be perceived to be judging its own cause.\u201d<\/p>\n

— Senior Counsel, Anand Grover<\/p>\n<\/blockquote>\n

Stand taken by Additional Solicitor General of India<\/strong><\/span><\/h4>\n

On behalf of Aishwarya Bhati, Additional Solicitor General of India, it was submitted that Suo Motu<\/em> power is not exercisable by the NGT since the same has not been conferred on the forum under the NGT Act.<\/p>\n

ASG added that the tribunal was not vested with suo motu<\/em> power to take action on its vested with suo motu<\/em> power to take actions on its own unlike the High Courts and the Supreme Court.<\/p>\n

Specific Grounds of Challenge<\/strong><\/span><\/h4>\n