Key cases in limbo as NGT may lose quorum

According to the NGT Act, 2010, the bench should have two members – a judicial and expert member – for pronouncing interim or final judgments. In the southern bench, there is currently one judicial member (Justice MS Nambiar) and one expert member (PS Rao) presiding over the cases. 

Former NGT Judicial Member, Justice P Jyothimani, who retired on October 26, said that the southern bench had, during his time, only one expert member and two judicial members, presiding over two courts. “I used to sit in court 1 with expert member R Nagendran, following which Justice Nambiar would preside over cases with the same expert member. This was a tedious process. However, after the retirement of Nagendran, expert member PS Rao was transferred from New Delhi. We don’t have enough expert members, which is a huge problem, especially now since the number of cases has increased after the NGT moved to its new premises in Kalas Mahal. After the southern bench becomes non-functional, the litigants will have to approach either the Madras High Court or the NGT Principal Bench in New Delhi, which ultimately defeats the very purpose of the NGT Act. Members should be appointed at the earliest,” said the retired judge. 

A source from the southern bench said, “With the non-appointment of judicial and expert members, the southern bench becomes defunct, impacting major environmental cases such as the Ennore Oil Spill and Neduvasal Hydrocarbon imbroglio.” 

Not only in the southern bench, but other benches across the country – central, eastern and western too are awaiting appointment of judicial and expert members. “By January, there will be only two expert members and two judicial members in all the NGT benches, which will result in severe pendency of cases,” concluded the source.