Paridhi Arya
Published on: May 19, 2022 at 16:22 IST
The Division Bench of Justice KM Joseph and Justice Hrishikesh Roy dismissed the Petition seeking establishment of National Green Tribunal (NGT) Benches in every State and challenged the Provision of National Green Tribunal Act, 2010 directly in Supreme Court.
The Court stated that “With the low Case load, if the NGT Benches are set up in all 28 States and 8 Union territories as is suggested by the Petitioners, the Judges and other members in these forums might be left twiddling their thumbs. Accordingly, no basis is seen to allow one NGT Bench in every State.”
The Petition was filed by Madhya Pradesh High Court Bar Association and District Bar Association. They claimed that NGT Bench should be established in Jabalpur now in Bhopal working for Chhattisgarh and Rajasthan State also.
The Court rejected the argument for establishing NGT in every State as the number of Cases disposed is more than Pending Cases.
The Court observed on the question of direct Appeal to Supreme Court that that there were already Provision in Constitution under Article 226 or Article 227 or Article 136 to approach on substantial question of Law.
The whole Judgement was written by Hrishikesh Roy in which he stated “By pleading inaccessibility, the Petitioners are also incidentally questioning, the location of the Supreme Court at New Delhi. Such a contention on the face of it would be irrational and not acceptable.”
The provision of direct Appeal cannot be considered as Denial to Access to Justice. The situation is same as of Supreme Court where people had to come from far as “The Supreme Court has no other Bench away from Delhi,” it further added.
Court upheld the Section 3 of National Green Tribunal Act which gave power to Centre to establish NGT Tribunal although Petitioners argued to struck it down as it gives excessive delegation.
“It must be borne in mind that the operationalization of the NGT, including the location of its benches, was closely monitored by the Supreme Court…Since, the Government is acting on the issue with the guidance of this Court, and the Government is obliged to follow the objectives of the NGT Act, adequate safeguards are seen to guide the government.”
“We are therefore of the opinion that Section 3 of the NGT Act is not a case of excessive delegation.” Argued by Attorney General KK Venugopal.
Also Read – A Judicial Overview of National Green Tribunal