Case Note & Summary
The High Court of Bombay at Goa took suo motu cognizance on 21st August 2017 upon learning of a notification by the Ministry of Environment, Forest and Climate Change that transferred the jurisdiction over Goa-related cases from the National Green Tribunal's Western Zone Bench in Pune to its Principal Bench in Delhi. This notification, dated 10th August 2017, had been issued without any public consultation, despite a prior proposal for a Circuit Bench in Goa due to the high volume of filings. Multiple public interest petitions were filed challenging this transfer. The petitioners, including The Goa Foundation, argued that the transfer was arbitrary and inconvenient, while the State of Goa contended that a Circuit Bench was not feasible due to unsuitable locations and that the Delhi bench was less inconvenient than Pune. The Union of India maintained that it acted on the State's proposal after the NGT chairperson failed to respond to the Circuit Bench suggestion. The Court, after hearing amicus curiae and all counsel, expressed concern over the lack of stakeholder consultation and noted that a Circuit Bench would be optimal. However, it acknowledged that it could not direct the establishment of such a bench. The judgment's final decision is not included in the provided excerpt.
Headnote
A) Environmental Law - National Green Tribunal - Jurisdiction Transfer - National Green Tribunal Act, 2010, Section 14 - The notification transferring environmental matters from NGT Western Zone Bench to Principal Bench was challenged for being issued without public consultation. The Court noted the absence of consultation and the existence of a Circuit Bench option. (Paras 2-9)
Issue of Consideration
Whether the MoEF notification dated 10th August 2017 transferring the territorial jurisdiction of the NGT Western Zone Bench over Goa, Daman, Diu, Dadra and Nagar Haveli to the Principal Bench in Delhi is valid and lawful?
Law Points
- NGT Act
- Section 14
- territorial jurisdiction
- arbitrary transfer without public consultation
- suo motu PIL jurisdiction
- Circuit Bench concept
