‘NGT more qualified’: Telangana High Court refuses to entertain PIL on Godavari pollution

The court stated that NGT, “having a Pan-Nation jurisdiction, would be able to address these issues covering several states through which the famous Godavari river flows.”

The petitioner Aakula Sampath Kumar, a law student, submitted that this severe pollution has reportedly affected the aquatic life and is contaminating waters used for drinking and other purposes downstream, affecting millions of people and “posing a serious threat to public health and environmental safety.”

The bench further observed that the report relied upon by the petitioner referred to industrial waste being discharged by major industries in neighbouring states.

After hearing the petitioner (party-in-person), the bench pointed towards “the jurisdiction of the National Green Tribunal, established under the NGT Act 2010, to deal with substantial questions relating to the environment, including enforcement of any legal right relating to the environment.” The court emphasised the tribunal’s extensive powers, noting that its jurisdiction includes the implementation of key enactments like the Water (Prevention and Control of Pollution) Act, 1974, and the Environment Protection Act, 1986.

When the counsel for the petitioner contended that the constitutional court possessed wider powers to effectuate the right to life, the Bench firmly rejected the submission, stating: “However, we are of the view that such a submission is not correct.” The court strongly advocated for the NGT as the appropriate forum, noting that the tribunal is “more qualified, better suited and can exercise jurisdiction.”