PANAJI
The Bombay High Court at Goa has issued notice to the Registrar of the National Green Tribunal as well as the central government after the Registrar of the NGT transferred all western zone matters to the central zone based in Bhopal as one of the members of the western zone bench in Pune resigned in January.
The Goa Foundation approached the High Court challenging the decision saying that the move was arbitrary and ad-hoc and that the Registrar had no powers to do so.
The Western Zone bench has been inoperative from 4.1.2022, ever since the resignation of its judicial member. The Supreme Court of India, by its order dated 31.01.2018, had disallowed single member benches from functioning, as this would be contrary to the NGT statute.
The Registrar General of the NGT in a notice issued on January 4 states that all matters filed before the Western Zone bench will now be heard by the Central Zone bench situated in Bhopal, and select items to be heard by the Principal bench Delhi.
The Court was told that presently the Western Zone Bench of the NGT is left with only one expert member. There is no judicial member assigned to the Western Zone Bench since January, 2022.
Adv Norma Alvares, also pointed out that SC in an interim order restrained the Chairperson of the NGT from constituting a Single Member Bench instead of a Division Bench consisting of one judicial member and an expert member.
“Presently only some matters are being taken up by the Principal Bench and access to the NGT is rendered most difficult. She submits that environment matters normally can brook no delay and if there is no appropriate forum to seek redressal, then, environment protection can be rendered a casualty,” she told the High Court.
The High Court has proposed to hear the petition on interim reliefs by the next date -- March 16.
