Journalism of Courage
Two months after the the National Green Tribunal (NGT) banned sand mining,Chief Justice of India P Sathasivam on Friday urged the tribunal to take a holistic look at the issue and apply a reasonable mans test.
I come from a remote village on the banks of river Cauvery…. In May,June and July,there is no water in the river… it is filled with sand. During monsoons and flood,the sand has to be removed or else the entire water will go to the sea, he said,referring to the NGTs 100% ban on sand mining.
The CJI was speaking at a function to mark the NGTs third foundation day and the inauguration of its new premises at Faridkot House.
He also referred to the aftermath of the NGT order,where the cost of ferrying sand has quadrupled. Courts today face a tension between the right to development and right to environment. The solution lies in a balanced approach, he said.
The challenge of striking the balance between environment and development was repeated in the speeches by Supreme Court judge Justice R M Lodha who also attended the function.
Justice Lodha also commented on the functioning of the tribunals established recently.
According to him,the tribunals function in court rooms and in a formal manner,thus diluting the objective behind establishing them. Tribunals need to have an informal setting, he said,asking the NGT to ensure that their procedure is informal and flexible.
NGT Chairperson Justice Swatanter Kumar claimed that all cases before the tribunal had been cleared within six months from the date of their institution.
From January 2013 to September 2013,there has been a 280% increase in filing of cases in NGT. The disposal rate has increased by 200%…. this shows the faith of public in delivering environmental justice by the NGT, he said.
