CHENNAI: An office order issued by National Green Tribunal Transfer of all suo motu cases pending before (NGT) Registry, Regional Benches NGT The Madras High Court had on Tuesday barred its principal bench in Delhi from having pan-India or inter-state effects.
The first bench of Chief Justice Sanjib Banerjee and Justice PD Audikesvalu passed the interim order on the plea of Meenava Thanthai KR. Selvaraj Kumar Meenavar Nala Sanga.
The association alleged that such a move would adversely affect access to justice, especially for those who approach the Chennai Bench of the tribunal.
According to the petitioner, the NGT’s Registry on June 12 passed an office order stating that a matter having pan-India or inter-state implications would be listed before a principal bench consisting of at least three members.
“The order is an attempt to grab the jurisdiction or change the jurisdiction of various NGT benches. As per section 4(3) of the NGT Act, only the Central Government can, by notification, specify the territorial jurisdiction of the NGT benches,” the petitioner said.
The order inter alia seeks to amend Rule 11 of the NGT Rules, which states that a Bench shall exercise jurisdiction over a matter where the cause of action is wholly or partly within the jurisdiction of such Bench. originates within the jurisdiction, and seeks to make further such amendments. Through a simple office order or office memorandum, the association said.
While the petitioner insisted that no supremacy has been given to the Principal Bench in the Act, the order seeks to confer such judicial supremacy to one Bench over another which is wholly arbitrary, illegal and against the scheme of law.
The jurisdiction of the Principal Bench in Delhi is limited to the northern region. It states that there is no such provision in the Act or the Rules which extends the jurisdiction of the Principal Bench.
The first bench of Chief Justice Sanjib Banerjee and Justice PD Audikesvalu passed the interim order on the plea of Meenava Thanthai KR. Selvaraj Kumar Meenavar Nala Sanga.
The association alleged that such a move would adversely affect access to justice, especially for those who approach the Chennai Bench of the tribunal.
According to the petitioner, the NGT’s Registry on June 12 passed an office order stating that a matter having pan-India or inter-state implications would be listed before a principal bench consisting of at least three members.
“The order is an attempt to grab the jurisdiction or change the jurisdiction of various NGT benches. As per section 4(3) of the NGT Act, only the Central Government can, by notification, specify the territorial jurisdiction of the NGT benches,” the petitioner said.
The order inter alia seeks to amend Rule 11 of the NGT Rules, which states that a Bench shall exercise jurisdiction over a matter where the cause of action is wholly or partly within the jurisdiction of such Bench. originates within the jurisdiction, and seeks to make further such amendments. Through a simple office order or office memorandum, the association said.
While the petitioner insisted that no supremacy has been given to the Principal Bench in the Act, the order seeks to confer such judicial supremacy to one Bench over another which is wholly arbitrary, illegal and against the scheme of law.
The jurisdiction of the Principal Bench in Delhi is limited to the northern region. It states that there is no such provision in the Act or the Rules which extends the jurisdiction of the Principal Bench.
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