Tribunals Like NGT Are Subordinate To A High Court ; Conflicting Orders Will Lead To Anomalous Situation: Supreme Court

The Supreme Court observed that the Tribunals like National Green Tribunal is subordinate to High Courts.

"There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals.", the bench comprising Justices B R Gavai observed.

In this case, the State was running a resort at Rushikonda Hill, near Visakhapatnam. It was demolished for re­constructing the resort at the same place with additional facilities. A writ petition  challenging the said construction, was filed before the High Court of Andhra Pradesh. The High Court passed an interim order permitting the construction. However, taking cognizance of a letter sent to it by a sitting Member of Parliament, the National Green Tribunal initiated proceedings and prohibited the State from undertaking any further construction.

Before the Apex Court, the State challenging the proceedings before NGT contended that that when the High Court of competent jurisdiction was already in seisin of the matter, the  NGT could not have entertained a lis with regard to the same cause of action.

Agreeing with this contention, the bench observed that it was not appropriate on the part of the NGT to have continued with the proceedings before it.

"In any case, no law is necessary to state that insofar as the Tribunals are concerned, they would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned. A reference in this respect was also made to the judgment of the Constitution Bench of this Court in the case of L. Chandra Kumar v. Union of India and Others... We are, therefore, of the considered view that it was not appropriate on the part of the learned NGT to have continued with the proceedings before it, specifically, when it was pointed that the High Court was also in seisin of the matter and had passed an interim order permitting the construction. The conflicting orders passed by the learned NGT and the High Court would lead to an anomalous situation, where the authorities would be faced with a difficulty as to which order they are required to follow. There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals."

The court therefore quashed the proceedings before NGT and permitted the parties to move the High Court for appropriate orders. It also clarified that until the High Court considers the issue, the construction will be permitted only on the area where the construction existed earlier and which has been demolished and the flat area.

"We further find that taking into consideration the serious allegations made by the respondent, it will be appropriate that all these facts are placed before the High Court and the High Court considers passing appropriate orders in accordance with law so as to strike a balance between the development and the environmental issues.. Needless to state that though development is necessary for economical progress of the nation, it is equally necessary to safeguard the environment so as to preserve pollution free environment and ecology for the future generations to come.", the court said.

Case details

State of Andhra Pradesh vs Raghu Rama Krishna Raju Kanumuru (MP) | 2022 LiveLaw (SC) 544 | CA 4522-­4524 OF 2022 | 1 June 2022

Coram: Justices B R Gavai and Hima Kohli

Counsel: Sr. Adv Abhishek Manu Singhvi for the State, Adv Balaji Srinivasan for respondent

Headnotes

Tribunals - National Green Tribunal -  Tribunals would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned- The conflicting orders passed by the NGT and the High Court would lead to an anomalous situation, where the authorities would be faced with a difficulty as to which order they are required to follow. There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals. (Para 11)

Environmental Law - Sustainable Development - Need to strike a balance between the development and the environmental issues - Though development is necessary for economical progress of the nation, it is equally necessary to safeguard the environment so as to preserve pollution free environment and ecology for the future generations to come. (Para 16)

Click here to Read/Download Judgment