The Supreme Court has ruled that the “National Green Tribunal (NGT) is vested with suo motu power in discharge of its functions under the NGT Act”.
- A bench of Justices A M Khanwilkar, Hrishikesh Roy and C T Ravikumar pointed out that the Supreme Court had ruled that the right to a healthy environment is part of the right to life under Article 21 of the Constitution of India and recognised that NGT is set up under the Constitutional mandate to enforce Article 21 with respect to the environment.
- The bench also pointed out that the Tribunal is the institutionalisation of the developments made by the court in environment law.
- The court rejected the argument that NGT is a Tribunal and a creature of statute and as such, cannot act on its own motion or exercise the power of judicial review or act suo motu in discharge of its functions.
About National Green Tribunal
- The National Green Tribunal has been established on 18.10.2010 under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.
- The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.
- The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same.
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