NGT Should Test Bonafides & Credentials Of Applicants Before Passing Orders Having Far Reaching Effect: Supreme Court

The Supreme Court observed that the National Green Tribunal should test the bonafides and credentials of applicants before permitting them to seek orders which have far reaching effects.

Before a litigant is permitted to knock the doors of justice and seek orders which have far reaching effects of affecting the employment of thousands of persons, stopping investment in the State, prejudicing the interests of the farmers; the credentials and bonafides of the applicants must be tested, the bench of Justices BR Gavai and BV Nagarathna observed.

The court observed thus in its judgment setting aside orders of NGT which quashed notice issued by the State of Uttar Pradesh for establishing new wood based industries.

The court noted that in this case, applicants before NGT were (1) Uday Education and Welfare Trust (2) Samvit Foundation and (3) U.P. Timber Association. The court noted that the U.P. Timber Association was a litigant interested in the litigation. Thus, the bench, observed:

"In the present case, there is scope to infer that the litigation could be at the behest of the existing WBIs who wanted to avoid competition and continue to get raw material at a cheaper rate. There is also scope to infer that it could be at the behest of the WBIs in the adjoining Yamuna Nagar district of Haryana where lakhs of tons of timber is exported from the State of Uttar Pradesh. There is scope to infer that it could be in the interest of middlemen who are engaged in exporting timber from Uttar Pradesh to Haryana. We would, therefore, only request the learned NGT that, when credentials and bonafides of such litigants are seriously raised and when entertaining the grievance of such litigants, which is likely to adversely affect the rights of many, it should ensure the bonafides and credentials of such litigants.", the court said.

Case details

State of Uttar Pradesh vs Uday Education and Welfare Trust | 2022 LiveLaw (SC) 868 | CA 2407-2412 OF 2021| 21 October 2022 | Justices BR Gavai and BV Nagarathna

Headnotes

National Green Tribunal Act, 2010 - When the credentials and bonafides of a litigant approaching the NGT are seriously raised, the same cannot be ignored Before a litigant is permitted to knock the doors of justice and seek orders which have far reaching effects of affecting the employment of thousands of persons, stopping investment in the State, prejudicing the interests of the farmers; the credentials and bonafides of the applicants must be tested. (Para 98-99)

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