NGT gives itself powers of a court

“In our considered view, the NGT has all the trappings of a court and is vested with original, appellate and special jurisdiction, performing exclusively judicial functions and hence is a court,” said the tribunal, pointing out that the fine distinction between a “court” and a “tribunal” has been reducing by the day.

Citing pertinent provisions of the Act and some judicial precedents, the NGT said the tribunal is like a civil court and satisfies all the stated features for acting as an “independent judicial tribunal with complete and comprehensive powers”.

Asserting the authority and independence of the tribunal, the 142-page order said the Ministry of Environment and Forest (MoEF) is “merely an administrative ministry” for the NGT to provide for means and finances and that “once the budget is provided, the ministry cannot have any interference”. It added that the entire process of appointment and removal is under the effective control of only the Supreme Court.

The order may lead to another battle in the continuing turf war between the NGT and the MoEF. Despite persistent requests, the MoEF had last year declined to give the NGT the authority to take suo motu cognizance, reminding that it is a tribunal. In an affidavit to the SC, the MoEF had even said the NGT was causing “embarrassment” by not acting as per the Act.

On the power of judicial review, which is limited to a High Court under Article 226 and to the Supreme Court under Article 32, the NGT’s ruling said the language of the various provisions of the NGT Act “by necessary implication, gives power of judicial review to the tribunal.”

The tribunal said it would be “travesty of justice” if it does not have the power to examine the correctness or constitutional validity of various notifications and orders.

The order also clarified that the power of judicial review will not be exercised by the tribunal in relation to the NGT Act, and that it will be used to supplement, and not supplant, the powers of the High Courts or SC.

On the issue of territorial jurisdiction, the ruling held that the NGT chairperson is also vested with the power to transfer cases from one bench to another, from one place of sitting to another place. The tribunal was hearing petitions challenging the 2011 Coastal Regulation Zone notification and the environment clearance given to the Rs 5,000-crore Vizhinjam sea project in Kerala by the MoEF.