The Supreme Court has come down heavily on the Principal Bench of the National Green Tribunal for hearing cases pertaining to the western zone, even after the Apex Court directed that the same would be heard by the Tribunal’s Western Zone Bench at Pune.
The Bench of Justice B.R. Gavai and Justice Aravind Kumar observed on Monday that despite there being a specific mandamus by this court that all matters pertaining to the western zone would be heard by the Pune bench, the NGT Principal Bench was allegedly continuing to hear cases, in which it had taken suo motu cognisance.
Calling it a ‘serious’ issue, the Apex Court said that it has consistently held that tribunals were even subordinate to the High Courts, when it came to territorial jurisdiction.
The Tribunal had moved the Apex Court against the Bombay High Court, which quashed administrative notices by the Registrar General of NGT transferring cases from the western zone bench at Pune to special benches at the principal seat in the national capital.
The Full bench of the High Court, besides quashing the notices as ‘illegal’, ruled that the constitution of the special bench in New Delhi was ‘illegal’, and that only the members of the western zone could hear matters pertaining to the western zonal bench, including matters arising from Goa and Maharashtra.
Senior Advocate Arvind P. Datar, representing the NGT before the Apex Court, apprised the Bench that the order against which they had preferred an appeal would have pan-India ramifications since the notices had been quashed in their entirety.
He said the decision would affect the transfer of cases from other zonal benches to Delhi, and not just transfers from the western zone.
The top court of the country, while issuing notice on the special leave petition, also stayed the operative portion of the High Court order, holding in abeyance its order to quash and set aside all impugned notices issued by the registrar general of the tribunal.
It further noted that since two members – one judicial and one expert member were available at the western zone bench, all matters arising out of the region, including from the states of Goa and Maharashtra, would have to be dealt with by the Bench at Pune.
The National Green Tribunal Bar Association (Western Zone) had moved the Apex Court, alleging that the the Supreme Court order of October 2022 had been violated by the principal bench of the tribunal.
Advocate Ninand Laud, representing the bar association, apprised the Apex Court that the NGT’s principal bench had continued to list and hear suo motu matters arising out of the western zone, despite the Apex Court enjoining them from doing so.
The Counsel further said that after this court’s order, the Principal Bench has now come up with exceptions to this.
First, it said the matters which were suo motu being heard by the NGT, need not be heard in Pune. Second, any matter which was pending before this court’s order, would also continue being heard in Delhi.
Datar contended that the principal bench had only been hearing cases in which it had taken suo motu cognisance, and in which the proceedings had been pending before it prior to the October 2022 directive.
The top court of the country then observed that whatever has been filed before the Pune Bench before the October, 2022 directive, should be heard by the Pune bench.