On Friday, 12 July, the Supreme Court agreed to examine a legal question about whether or not National Green Tribunal, which was established in 2010 to deal with cases related to environmental issues, has the power to take cognisance of matters on its own.
A Bench of Justices SA Bobde and BR Gavai said that they would make a decision about the issue when the question regarding NGT's power to take suo motu (on its own) cognisance was raised before it.
Additional Solicitor General ANS Nadkarni appeared in the matter and told the Bench that NGT does not have the power to take suo motu cognisance.
“Has the issue of suo motu power (of NGT) been decided?” the Bench asked. “A tribunal dealing with issues of environmental degradation should have the power to take suo motu cognisance,” it added.
Nadkarni told the court that only constitutional courts, the Supreme Court and High Courts, have the power to take suo motu cognisance and the power cannot be exercised by a tribunal.
“NGT did not have the jurisdiction to take suo motu cognisance. Where is the power of suo motu in the NGT Act? There is no power of suo motu,” he said, adding that the NGT can act or decide on a matter only if someone files it before the tribunal.
During the hearing, the bench observed, “There should be power of suo motu with the environmental tribunal. We would like to hear this issue.” The Bench appointed senior advocate Anand Grover as an amicus curiae (independent expert) to assist it in the matter and posted it for hearing on 6 August.
Nadkarni was appearing in a matter in which the NGT had taken suo motu cognisance on the issue pertaining to solid waste management in Maharashtra and imposed a cost of Rs 5 crore on the municipal corporation.
He told the Bench that the Bombay High Court was already monitoring the issue of solid waste management in Maharashtra and the NGT should not have taken suo motu cognisance in the matter.
(This piece has been edited for clarity.)
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