Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2010 - ss.2(m) 14 and 15 National Green Tribunal Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | National Green Tribunal Act, 2010 - ss.2(m), 14 and 15 -Challenge to the constitution of State Pollution Control Boards(SPCBs) before National Green Tribunal - NGT while observingthat members appointed in .SPCBs of various States lacked expertise/qualifications as suggested by Central Govt., issued directions toState Governments to reconsider the appointments already madeand also laid guidelines for appointment to the SPCBs - Propriety(vof - Held: NGT exceeded its jurisdiction in directing the StateGovernments to reconsider the appointme/1/s and in laying downguidelines for appointment to the SPCBs - For NGT to exercise itsjurisdiction, there must be a substantial question relating to theenvironment and that question must arise in a dispute - There mustbe a clainiant raising that dispute which dispute is capable ofsettlement by NGT by grant of some relief uls.15 - However,appointment of the Chairperson and members of SPCBs can neitherbe classified as a substantial question relating to the environmentnor can it be a 'dispute' as such or even for the purpose of theĀ· 2010 Act -Such appointments can be disputes for constitutionalcourts to resolve through a writ of quo warranto -Directions issuedby NGT set aside as being without jurisdiction - However; in viewof the fact that many disconcerting jl1cts have come out with regardto appointments/nominations made to SPCBs, directions issued toexecutive in all the States to frame guidelines/recruitment mies withinsix months and ensure that suitable professionals and experts areappointed to the SPCBs - Further, it is leji open to public spiritedindividuals to move appropriate High Court for issuance of a writof quo warranto if any person who does not meet the statutory orconstitutional requirements is appointed as a Chairperson or amember of any SPCB or is presently continuing as such |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 986 |
Petitioner | Techi Tagi Tara |
Respondent | Rajendra Singh Bhandari & Ors. |
SCR | [2017] 12 S.C.R. 956 |
Judgement Date | 2017-09-22 |
Case Number | 1359 |
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