STATE LAW UPDATES

Madras High Court stays NGT’s order Centralising Powers

The Madras High Court on Tuesday stayed an administrative order of the National Green Tribunal in New Delhi, which inter-alia held all matters taken up on its own and having pan-India or inter-state implications will be listed before its principal bench having three members.

The bench of Chief Justice Sanjib Banerjee and Justice P D Audikesavalu stayed the order issued on June 12, 2021, this year of the Registrar-General of the NGT in New Delhi. This was an administrative order of the National Green Tribunal in New Delhi, which inter-alia held all matters taken up on its own and having pan-India or inter-state implications will be listed before its principal bench having three members. According to the petitioner, the NGT office order would adversely affect those who approach its southern bench here for the enforcement of their statutory right under the National Green Tribunal Act, 2010.

The bench was passing interim orders on a PIL petition from a fishermen’s association. By the impugned order, the NGT benches, apart from the principal bench at New Delhi, have all been ousted from taking cognizance of issues that arise within their territorial jurisdiction.

Thus, the impugned order is wholly contrary to the scheme of the NGT Act, the petitioner contended. Hence, it cannot run counter to the legislative order.

Photo by Souvik Banerjee on Unsplash

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