SUPREME COURT UPDATES

Violation of environmental & forest laws not a dispute between two parties affects common public: SC

Violation of environmental and forest laws are not disputes only between two parties as it affects the common public, the Supreme Court said on Wednesday while examining the issue of whether the National Green Tribunal (NGT) has the power to take cognisance of matters on its own. The hearing on the matter still continues on Thursday.

The apex court said the green panel has been established under the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environment protection, conservation of forests and other natural resources, including enforcement of legal rights relating to environment.

A bench headed by Justice A M Khanwilkar also comprising justices Hrishikesh Roy and C T Ravikumar, said the NGT is a forum created for special cause and litigation relating to the environment.

In one of the matters, the NGT had earlier taken suo motu cognisance on the issue pertaining to solid waste management in Maharashtra and imposed a cost of Rs 5 crore on the municipal corporation. The apex court was earlier told that the Bombay High Court was already monitoring the issue of solid waste management in Maharashtra and the NGT should not have taken cognisance on its own in the matter.

The deliberation was running in following line-

“’Kaun time nikalega’ (who will take out time), that is the attitude in environmental matters. Why should I go forward. Why should I spend my time in court? Then who will take up the cause? The cause has to be taken up by someone. The NGT can take up that cause. What is wrong with that,” the bench observed while deliberating upon the issue.   

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