LI Network
Published on: December 19, 2023 at 12:13 IST
The Himachal Pradesh High Court, with Justices Vivek Singh Thakur and Bipin Chander Negi, has dismissed the Himachal Pradesh government’s challenge to the National Green Tribunal’s (NGT) jurisdiction in a case addressing environmental concerns in the state.
The bench observed that the NGT, with its broad restorative powers, plays a crucial role in addressing environmental concerns.
The Court emphasized that the NGT’s existence without such powers would render it ineffective and fail to align with the legislative intent of establishing a specialized tribunal for environmental issues.
Background:
The case originated from an Original Application filed by environmental activist Ramesh Chand before the NGT against the State of Himachal Pradesh and others.
The concerns raised related to unregulated and unsustainable construction in the Manali area, adversely affecting the environment. The NGT, in subsequent proceedings, sought records from the Himachal Pradesh Pollution Control Board and Town and Country Planning Department, revealing concerning environmental conditions.
State Government’s Contentions:
The state government contested the NGT’s jurisdiction, arguing that the petitioner’s allegations pertained to specific individual cases, not a general issue. Additionally, they claimed that the NGT lacked the power to take suo-moto action without a formal complaint.
Court’s Observations:
The bench rejected both arguments, stating that the NGT’s powers under Section 15 of the National Green Tribunal Act 2010 extend beyond specific complaints to address broader environmental issues, even without a formal petition.
Citing a precedent, the court emphasized the principles of sustainable development, precautionary principles, and the polluter pays principle, embedded in environmental jurisprudence under the NGT Act. It affirmed that the NGT can apply Section 20 to take restorative measures in the interest of the environment whenever it is jeopardized.
The court underlined the state’s constitutional obligation to ensure a clean environment for its citizens. It pointed out the state’s acknowledgment of serious environmental degradation in the region and its failure to take adequate measures to curb it.
Rejecting the state’s claim that the NGT exceeded its authority by accepting an expert committee’s report, the court emphasized that the NGT acted within its authority to consider such reports and issue directions, especially in the absence of concrete state action to determine the region’s ecological limitations.
The bench concluded that the state must act as a facilitator rather than an obstructionist in environmental matters and dismissed the plea.
Case Title: State of Himachal Pradesh & anr Vs Ramesh Chand & anr.