Order listing pan-India matters before NGT at Delhi challenged

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

The first bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, before which the PIL from a fishermen's welfare association came up for hearing on Friday, ordered notice to the NGT and the Union Ministry of Environment,Forest and Climate Change,returnable by July 31.

According to the petitioner, Meenava Thanthai K R Selvaraj Kumar Meenavar Nala Sangam, the office order dated June 12 of the Registrar-General of the NGT in New Delhi, would adversely affect those approaching the tribunal's southern Zone bench here.

The zonal benches have been established under the NGT Act, 2010 for the purpose of providing a forum for redressal of the grievances of the citizens with respect to the environment.

The impugned order would adversely affect the rights of all citizens, especially that of the fishermen for the reason that henceforth a citizen of the country have to approach and travel to the principal bench in New Delhi.

Hence, the order is unsustainable, 'non-est and void ab initio', the petitioner contended.

Each NGT bench deals with matters related to natural resources such as rivers, forests, etc., which cover multiple states and have downstream and upstream effects owing to movement of air, water, animals etc.

By the impugned order, the NGT benches, other than the principal one at New Delhi, have all been ousted from taking cognizance of issues that arise within their territorial jurisdiction.

Thus, the order is wholly contrary to the scheme of NGT Act, petitioner contended.Moreover, the order in essence is an administrative one and not a legislative order.

The interim prayer is to stay the operation of the June 12 office order.

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