Supreme Court Expresses Disapproval Of NGT Principal Bench Hearing Cases From Western Zone; Warns Of Contempt Action

“There is a specific mandamus by this court that all matters pertaining to the western zone would be heard by the bench at Pune. This is very serious. We have consistently held that tribunals are even subordinate to high courts insofar as their territorial jurisdictions are concerned.”

A bench of Justices Gavai and Aravind Kumar was hearing a plea filed by the Tribunal challenging an order of the Bombay High Court, quashing administrative notices by the Registrar-General of the NGT transferring cases from the western zone bench at Pune to special benches at the principal seat in the national capital.

Besides quashing the impugned notices as ‘illegal’, a full bench of the Bombay High Court also held 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”. Appearing on behalf of the NGT before the top court, Senior Advocate Arvind P Datar told 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. “This would mean that transfer of cases from other zonal benches to Delhi were also going to be affected, and not just transfers from the western zone.” While issuing notice on the tribunal’s special leave petition, the apex court also stayed the operative portion of the decision of the high court’s full bench, therefore holding in abeyance its order to quash and set aside all impugned notices issued by the registrar general of the tribunal.

Further, at the end of the admission hearing in October, the bench led by Justice Gavai categorically stated 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. Now, an application has been filed by the National Green Tribunal Bar Association (Western Zone) alleging that the top court’s October 2022 order has been violated by the principal bench of the tribunal.

Appearing for the bar association, Advocate Ninand Laud informed the bench 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 said, “After this court’s order, the principal bench has now come up with exceptions to this. First, it has said that matters which are 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.”

In defence, Datar told the Supreme Court 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 top court’s October 2022 directive. “After that order, whatever has been filed before the Pune bench has been heard by the Pune bench,” the senior counsel submitted.

“If you see the cause lists, some of the matters date back to a time before the court issued this order, where suo motu cognisance was taken by the principal bench,” Datar told the Bench.

Justice Gavai promptly countered, “The jurisdiction of the principal bench is only limited to the northern zone. We will not hesitate to issue a contempt notice.”

Datar protested, saying, “Please do not do that since the bench is headed by a retired Supreme Court judge.”

“They should know their limitations then,” Justice Gavai shot back. The judge also said, “No member of the tribunal should feel that they are higher in status than others. All enjoy the same status.” Besides this, Justice Gavai emphasised the need for the principal bench of the tribunal to follow judicial discipline. At Datar’s behest, who told the bench that he would need time to file a reply to the application, the bench decided to adjourn the hearing to later this month. The senior counsel also indicated that the principal bench of the NGT would also be filing an application with respect to the October 2022 order, to clarify whether matters that had already been heard extensively by it would be required to be sent to the zonal benches having the necessary jurisdiction for fresh hearings.

Case Title

National Green Tribunal & Anr. v. Goa Foundation & Ors. | Special Leave Petition (Civil) No. 17931 of 2022

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