In August 2012, the SC, in a 1998 petition filed by the Bhopal Gas Peedit Mahila Udyog Sangathan, had directed that all matters covered under the National Green Tribunal Act after it came into force shall stand transferred and can be instituted only before such green tribunal.
But while hearing a bunch of appeals, including one filed by the Adarsh society, the SC bench of Justices A K Patnaik and Fakkir Mohamed Ibrahim Kalifulla, on March 10, held that the earlier order, which makes the transfer not an option, needs to be relooked at. It fixed the matter for further hearing on April 21, and till further orders, no environment-related dispute would stand transferred from high courts to the NGT.
Adarsh, which challenged a 2011 demolition order by the environment ministry for CRZ violations, had demanded that the matter pending before the Bombay HC be transferred to the NGT. Last July, the HC rejected the plea. Adarsh, represented by senior counsel Shekhar Naphade and law firm Vidhi Partners, challenged the HC order in the SC. But the SC granted no relief, instead it said the 2012 order requires a rethink.
The SC has also directed that its stay order be circulated to all high courts in the country.
Timeline
October 18, 2010: National Green Tribunal comes into force under an MoEF notification
November 12, 2010: MoEF issues a show-cause notice to Adarsh society under the Environment (Protection) Act
January 16, 2011: MoEF passes a demolition order against Adarsh
February 14, 2011: Adarsh files a petition in the Bombay high court to challenge the MoEF order
August 9, 2012: Supreme Court passes an order in the Bhopal gas leak case
July 2013: Bombay HC rejects Adarsh plea seeking transfer of case to NGT
What the SC said in the Bhopal gas leak matter in 2012
* Environmental issues should be instituted and litigated before the National Green Tribunal (NGT)
* This approach is necessary to avoid likelihood of conflict of orders between high courts and the NGT
* We direct that all matters filed after the Act came into force in 2010 stand transferred and can be instituted only before the NGT
* Courts may well be advised to direct transfer of all such cased filed prior to the introduction of the Act too, in the fitness of administration of justice
What HC said in the Adarsh case:
If the Adarsh case was standalone, it would have transferred, but relied on well-settled principle that HC has discretion to decide a matter even when alternate remedy is available
There are several issues apart from environmental concerns in the 31-storey Adarsh building in south Mumbai and hence, the challenge to the MoEF order cannot be isolated
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