SC to examine whether NGT has jurisdiction to take suo motu proceedings

The Apex Court, in coming days, is set to consider the issue regarding suo motu proceedings taken up by the National Green Tribunal; whether it has been extended the power to take up suo motu cases without moving an application.

A string of Special Leave Petitions (SLPs) and appeals had been filed before the Supreme Court which questioned the power of NGT, of acting like a Constitutional Court and exercising its suo motu jurisdiction without any formal intimation.

The counsel on behalf of one of the petitioners raised the point that NGT needs an applicant to approach it and then only it can take the cognizance of an issue. It was further contended that the governing act requires existence of “lis” between two parties, out of which would claim and other would deny.

The counsel submitted that the NGT Act does not allow NGT to commence proceedings of its own accord, nor its jurisdiction provisions extend similar constitutional jurisdiction as under Articles 32 and 226.

The counsel highlighted the precedents set by the apex court which reiterated that tribunal is one which decides a “lis”, and that is what stands as a line of difference between court and tribunal. If the tribunal (NGT or any other) exercises suo motu jurisdiction, it would be addressed as a civil court.

The counsel relied on the order passed by the apex court in the Rajendra Singh Bhandari case, wherein it observed that only such issue could be raised by claimant which could be settled by NGT. The court clarified that the above observation does not act as a binding precedent, and could’ve been a passing remark.

The bench added that the purpose and objective of NGT Act should be kept in mind, and thus it stands on a different position when compared with other tribunals. It shed light upon the objective of NGT Act and stated that it has a direct connection with the concerns of humans who become victims of pollution.

It added that restricting the jurisdiction of NGT would curtail it powers to carry out its responsibilities. The bench would take up the issue on August 25, 2021.