SC sets aside NGT order, says tribunals subordinate to HC

The court set aside the May 6 order of the principal bench of the National Green Tribunal (NGT), which had halted all further constructions at the project site.

The bench pointed out that the matter was also pending before the HC, in which case, it said, the HC’s orders would prevail over those passed by the Tribunal. The court also expressed its displeasure over NGT entertaining the matter when HC was already seized of it.

“In so far as Tribunals are concerned, they would be subordinate to the High Court in so far as territorial jurisdiction is concerned,” the top court said. The court said it is of the “considered view that it was not appropriate on part of NGT to have continued with proceedings before it, specifically when it was pointed to it that HC was already seized of the matter and had passed order”.

The top court said that “conflicting orders passed by NGT and High Court could lead to an anomalous situation”, and the “authorities would be faced with difficulty as to which orders they are required to follow”.

“In such a situation, it is orders passed by the Constitutional courts which would prevail over orders passed by Tribunals,” the bench pointed out. It said continuation of proceedings before NGT for the same course of action pending before HC “would not be in the interest of justice”.

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The court was hearing an appeal by the state against the NGT direction. The state contended that all necessary permissions were obtained and the resort was being reconstructed with additional facilities after demolishing the old one.

The government also pointed out that a petition challenging such a construction was already filed in HC, which had passed order in December 2021, allowing the construction.

During pendency of the petition, Lok Sabha MP from Andhra Pradesh, K Raghu Ramakrishna Raju, wrote to NGT about the construction. The NGT took cognizance of the letter and constituted a committee on December 17, 2021. Although the committee did not find any violation in the construction being carried out at the site, the NGT appointed a second committee of experts whose report is still awaited.

Quashing the NGT proceedings, the apex court, however, said “Taking into consideration serious allegations levelled by the respondents, it will be appropriate that all these facts are placed before HC and HC considers passing appropriate orders in accordance with the law so as to strike a balance between development and environmental issues.”

It said, “Though the HC has permitted construction to proceed in accordance with the law, we find that till HC takes call on the said issue, it will be necessary to issue certain directions”.

Accordingly, the top court directed that “construction will be permitted only on the area where the construction existed earlier and which has been demolished and the flat areas”.