PANAJI
The Bombay High Court at Goa in its decision to take suo motu cognizance of the Union Ministry of Environment Forests and Climate Change order transferring the jurisdictions of the National Green Tribunal to bring Goa under the ambit of the principal bench at New Delhi has said it is concerned about the costs to litigants as well as access to justice.
"On of our particular concerns is in relation to quite significant costs that are likely to fall on those who approach the NGT. Many litigants from this state have cases before the NGT in Pune, which they and their lawyers regularly attend. Cost is one aspect and justice is another and we believe it is necessary to examine how the purpose of making available affordable access to justice is properly served by such an action," the High Court has said.
"This is not a question of jurisdiction; the jurisdiction of the NGT remains untouched. It appears to us prima facie to be a purely administrative decision," the HC noted.
The High Court has said that for the moment it has only called for explanation from the MoEF justifying this shift to New Delhi exclusively for matters from Goa.
"We would expect a reply from the MoEF by September 1, 2017. In particular, we seek an explanation for applying this decision only to cases from Goa," the court said.
NGOs and civil society groups have raised a banner of revolt against the Centre's decision directing Goans to travel to Delhi, instead of Pune, to get environmental justice. They have vowed not to rest till the government relents on their demand to o away with draconian notification n this regard.
The Bombay High Court at Goa in its decision to take suo motu cognizance of the Union Ministry of Environment Forests and Climate Change order transferring the jurisdictions of the National Green Tribunal to bring Goa under the ambit of the principal bench at New Delhi has said it is concerned about the costs to litigants as well as access to justice.
"On of our particular concerns is in relation to quite significant costs that are likely to fall on those who approach the NGT. Many litigants from this state have cases before the NGT in Pune, which they and their lawyers regularly attend. Cost is one aspect and justice is another and we believe it is necessary to examine how the purpose of making available affordable access to justice is properly served by such an action," the High Court has said.
"This is not a question of jurisdiction; the jurisdiction of the NGT remains untouched. It appears to us prima facie to be a purely administrative decision," the HC noted.
The High Court has said that for the moment it has only called for explanation from the MoEF justifying this shift to New Delhi exclusively for matters from Goa.
"We would expect a reply from the MoEF by September 1, 2017. In particular, we seek an explanation for applying this decision only to cases from Goa," the court said.
NGOs and civil society groups have raised a banner of revolt against the Centre's decision directing Goans to travel to Delhi, instead of Pune, to get environmental justice. They have vowed not to rest till the government relents on their demand to o away with draconian notification n this regard.
