Team Herald
PANJIM: The High Court of Bombay at Goa has referred the Public Interest Litigation (PIL) filed by the Goa Foundation (GF), challenging the non-functioning of the Western Zone Bench of the National Green Tribunal (NGT), to a larger Bench, comprising more than two judges.
The NGO in March had filed a PIL challenging the non-functioning of the NGT’s Western Zone Bench, and also the constitution of special Benches by the Northern Zone Bench called the Principal Bench. Accordingly, the High Court had issued notice to the Registrars of the Principal Bench and the Western Zone Bench.
When the matter came up for hearing on Friday, the Division Bench noted to decide on whether the PIL should be heard by the Goa Bench of Bombay High Court after Assistant Solicitor General of India appearing on behalf of NGT Benches, raised a preliminary objection to the maintainability of the PIL as according to him, it is the Delhi High Court who should hear the plea.
“In view of the importance of the issue involved in this Public Interest Litigation, we are also of the considered view that the same can be advantageously heard by a Bench comprising of more than two Judges,” the order stated.
The Bench directed that the papers of the PIL be placed before the Chief Justice for an appropriate order.
The PIL challenges two notices issued by the NGT. The first notice issued by the Registrar General, NGT, Delhi, dated September 6, 2021, enables the Principal Bench to set up four extra special Benches in the remaining four zones (East, West, South and Central). The second notice, issued by the NGT Registrar Western Zone on January 4, 2022, states that all matters filed before the Western Zone Bench will now be heard by the Central Zone Bench situated in Bhopal, and select items to be heard by the Principal Bench Delhi.
The PIL alleges that both notices have been issued without any empowering provisions and are therefore contrary to the scheme of the NGT statute. They are therefore liable to be quashed and set aside.
The Western Zone Bench has been inoperative from January 4, this year, ever since the resignation of its judicial member.
As per the statutory scheme of the National Green Tribunal Act, 2011, and the Rules framed there, it is only the Central government which has the power to specify the territorial jurisdiction of a particular Bench of the NGT, and consequently, the matters to be taken up by that Bench arising from the territories specified to be within its jurisdiction.