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‘All NGT benches equal, one in Delhi not appellate authority’
Observing that all National Green Tribunal (NGT) benches are equal, the Madras High Court stayed an order passed by Southern Bench transferring a case to the bench in Delhi on the ground that the issue on hand had a pan India effect.
Chennai
Pointing out that the NGT Act says the bench in Delhi has territorial jurisdiction only to specified states like other benches, including Southern Zone bench, a division bench comprising Justices N Kirubakaran and TV Thamil-selvi said the decision given by any bench dealing with any issue would have pan India effect.
“It cannot be said only if the issue is decided by the bench at Delhi, it will have pan India effect.” The Southern Bench’s observation did not appear to be in consonance with the provisions of the Act, the court said, adding: “Vesting of power only with the bench at New Delhi is not contemplated anywhere in the statute, even though power is concentrated at New Delhi.
”The court also pointed out that the jurisdiction of every bench has been distinctly given only to enable citizens to approach the forum constituted in their zone instead of having to travel to New Delhi spending huge amount, which is not possible for every citizen for each and every issue.
“If such a procedure is adopted, it would amount to denying access to justice as is being done in other matters. Every effort is being taken to deliver justice at the doorsteps of citizens.
Grama Nyayalayas are sought to be established to deliver justice to rural people in a quick and easy manner. That is the reason why courts are being established at taluk level,” the bench led by Justice Kirubakaran said. Petitioner’s counsel A Yogershwaran had submitted that every bench of the NGT was equal, with none of them called Principal Bench.
If the order transferring the case to Delhi Bench is given effect to, it would appear as if that bench has appellate jurisdiction. “It will create an artificial hierarchy, which is unknown under the scheme of the Act. Thus, the transfer itself is unwarranted and illegal,” he contended. The petitioner had challenged the Official Memorandum issued on November 2020, which held that no fresh environmental impact assessment was required in case of change of coal sources by the industries for the use of thermal power plants. The challenge was on the ground that such a move would have huge impact on the environment
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