HC expresses concern over virtual closure of NGT, Southern Bench

A division bench comprising Justice S Manikumar and Justice Subramonium Prasad made the pointed observation while dismissing a batch of pleas pertaining to the emission caused by the North Chennai Thermal Power Station being in excess of the norms prescribed, haphazard disposal of fly ash and lack of a green belt.

“Though the powers of High Court, while exercising the jurisdiction under Article 226 of the Constitution of India is not restricted under Section 19 of the said Act, it gives an indication that it was the intention of the Legislature that a specialized Tribunal viz., National Green Tribunal must deal with all the issues, relating to questions dealing with the Environment,” Justice Subramonium Prasad who penned the order on behalf of the bench said.

He further noted “It is well settled that when there is an alternate remedy available to the petitioner, he can approach the NGT which is a specialized body to deal only with the issues relating to substantial questions relating to environment and violations of Acts specified in Schedule I and the High Courts while exercising its jurisdiction under Article 226 of the Constitution of India must refrain from entertaining such disputes.”

Also, recording the submission of the petitioner’s counsel that at present there is no effective sitting in Southern Bench of the NGT and that the petitioner would have to go to Delhi to conduct the case, the bench held “Efficacious remedy does not mean convenience of the parties. It does not mean that all the questions relating to violations of the Acts, mentioned in the first schedule in the National Green Tribunal Act, in southern India which cannot be dealt by the National Green Tribunal, would have to be entertained by the respectiveHigh courts.”

“The very purpose of having a National Green Tribunal would be defeated, if such an approach is taken,” the bench added while noting that distance factor alone cannot persuade us to entertain the writ petition, in the presence of an expert body like the NGT, which has been set up only to entertain substantial questions, pertaining to the environmental issues and more particularly, issues relating to violations of the Acts mentioned in the First Schedule.

The issues which are now being sought to be raised in the three writ petitions also deal with the pollution by the North Chennai Thermal Power Station. Since the NGT is considering certain aspects regarding pollution caused by the said Power Station, it would be proper that the National Green Tribunal deals with the issue regarding pollution caused by the North Chennai Thermal Power Station in its entirety.