Supreme Court warns NGT’s Principal Bench of contempt proceedings for non-compliance of its order

In October last year, the Supreme Court had ordered that all matters pertaining to the Western Zone, including matters arising out of the states of Maharashtra and Goa, would be heard only by the Western Zonal Bench of the NGT sitting at Pune.

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THE Supreme Court on Monday warned the National Green Tribunal's (NGT) Principal Bench of contempt proceedings for disobeying an order passed by the court in October last year which mandated that all matters pertaining to the NGT's Western Zone, including matters arising out of the states of Maharashtra and Goa, would only be heard by the NGT's Western Zonal Bench in Pune.

The Supreme Court's division Bench comprising Justices B.R. Gavai and Arvind Kumar said it would issue a contempt notice to the Presiding Officer of the NGT's Principal Bench if it does not mend its ways, adding that it did not want a retired Supreme Court judge, functioning as the Presiding Officer of the Principal Bench, to face contempt proceedings.

The court was hearing an application filed by the NGT Bar Association (Western Zone) alleging that the NGT's Principal Bench had continued to list and hear matters arising from the states of Goa, Gujarat and Maharashtra, even though they fall within the exclusive territorial jurisdiction of the Western Zonal Bench of the NGT. According to the application, these were matters in which the NGT had exercised suo moto jurisdiction.

Appearing for the NGT, senior advocate Arvind Datar sought to defend the action of the Principal Bench, submitting that the Principal Bench had been hearing only those cases of which it took suo motu cognisance. Justice Gavai was quick to retort that even those matters in which the Principal Bench had taken such cognisance must be sent back to the NGT Bench having the territorial jurisdiction.

Justice Gavai clarified that he was not going against the order passed by a three-judge Bench of the Supreme Court holding that the NGT has suo motu power. However, after a matter is taken suo motu cognisance of, it must be heard by a Bench having territorial jurisdiction, he emphasised.

"No member of the tribunal should feel that they are higher in status than others. All enjoy the same status," Justice Gavai remarked, adding that the NGT's Principal Bench should follow judicial discipline.

Datar sought time to file a reply to the application by the NGT Bar Association (Western Zone). He submitted that the Principal Bench would be filing a clarification application seeking clarification of the Supreme Court's order from October last year as to whether those matters which have been heard by the NGT's Principal Bench extensively would also be required to be sent to its zonal Benches.

Justice Gavai was of the view that once an order is passed by the Supreme Court, it ought to be followed as it is and it was not permissible for the NGT's Principal Bench to tweak the court's order. Senior advocate Indira Jaising, who was appearing for environmental action group Goa Foundation, sought to submit that the NGT's Principal Bench could not hear matters for which it lacked inherent jurisdiction.

On September 21, 2022, a full Bench of the Bombay High Court had quashed certain administrative orders passed by the Principal Bench of the NGT which mandated the listing of cases from the Western Zone before the Northern Zonal Bench, which is also the Principal Bench. The high court held that matters arising within the jurisdiction of the Western Zonal Bench of the NGT must be heard by the Western Zonal Bench.

On appeal by the NGT, the Supreme Court partially stayed the judgment of the high court in October. However, it made it clear that since two members (One judicial and one expert member) are available at the NGT's Western Zone Bench, all matters pertaining to the Western Zonal Bench, including matters arising out of the states of Maharashtra and Goa, would be heard only by the Western Zonal Bench sitting at Pune.

The application filed by the NGT Bar Association, Western Zone alleged violation of this order of the court. Advocate Ninand Laud appeared for the association.

The matter will now be heard after two weeks.