Violation of environmental & forest laws not dispute between two parties, affects common public: SC

New Delhi: Violation of environmental and forest laws are not disputes only between two parties as it affects the common public, the Supreme Court said on Wednesday while examining the issue of whether the National Green Tribunal (NGT) has the power to take cognisance of matters on its own.

The apex court said the green panel has been established under the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environment protection, conservation of forests and other natural resources, including enforcement of legal rights relating to environment.

"To be fair to the tribunal, it does not traverse to any areas beyond environmental issues," a bench headed by Justice A M Khanwilkar observed.

The bench, also comprising justices Hrishikesh Roy and C T Ravikumar, said the NGT is a forum created for special cause and litigation relating to environment.

"Violation of forest law, violation of environmental law are generally not disputes between two parties as such. May be, it may have the effect of affecting one person but it is also affecting the common public, the bench observed.

The top court heard arguments advanced by a battery of senior advocates, including Mukul Rohatgi, Dushyant Dave, A N S Nadkarni, Krishnan Venugopal and V Giri, in the matter.

Rohatgi said the issue is whether NGT has suo motu jurisdiction or not.

The NGT does not have suo motu jurisdiction, he said, adding that it has no power to go beyond the statutory rule.

Nadkarni, while contending that NGT does not have power to take suo motu cognisance, argued that seeking enforcement of legal rights relating to environment has to be done through an application before the tribunal.

During the hearing which would continue on Thursday, the bench told one of the advocates arguing in the matter, Suppose, there is a genuine case of environmental degradation. Environmental degradation is happening and it comes to the notice of the tribunal, let us say, in the form of an article in newspaper.

"Now, if your arguments are accepted, you are shutting the door on the tribunal to act on such an information," the bench said.

The bench said the NGT Act says that tribunal has jurisdiction to deal with issues related to environment.