Municipal Corporation of Greater Mumbai v. Ankita Sinha and Others
"The National Green Tribunal, a sui generis forum for environmental justice, is vested with suo motu power to take up matters within its jurisdiction, including on the basis of letters or media reports, subject to the principles of natural justice."
Issues Before the Court
- (i)
Whether the National Green Tribunal can take up environmental matters on its own motion, for example on the basis of letters or news reports, or only on applications or appeals filed by parties?
- (ii)
If it has such power, what limits govern its exercise?
Law & Rules Applicable
- (i)
National Green Tribunal Act, 2010, Section 14 (jurisdiction over civil cases raising substantial questions relating to the environment), Section 15 (relief, compensation and restitution), Section 18 (applications and appeals), Section 19 (procedure and powers) and Section 20 (sustainable development, the precautionary principle and the polluter pays principle).
- (ii)
Constitution of India, Article 21 (which includes the right to a healthy environment).
Application to Facts & Circumstances
The NGT took cognizance of a news report on the mismanagement of solid waste at the Deonar dumping ground in Mumbai and, after an inspection, directed the Municipal Corporation to pay ₹5 crores as compensation. The Corporation, and parties in other cases, challenged the NGT's power to act on its own, and the common question was heard by a three-judge Bench.
Writing for the Bench, Roy J. held that the NGT is a sui generis forum, created to give effect to the right to a healthy environment, whose functions go beyond those of an ordinary adjudicatory tribunal. Section 14 does not require an application before the NGT exercises its jurisdiction, and Sections 15 and 20 empower it to order restitution and to apply the precautionary and polluter pays principles.
Section 19 frees the NGT from the procedure of the Code of Civil Procedure and allows it to regulate its own procedure, subject to the principles of natural justice. Read purposively, the Act vests the NGT with the power to act suo motu, on letters, representations or media reports, in matters within its jurisdiction under the enactments listed in Schedule I.
The suo motu power does not dispense with natural justice: affected parties must be given notice and an opportunity to be heard before adverse orders are made against them.
Conclusion & Ruling
- (i)
The NGT was declared to be vested with suo motu power in the discharge of its functions under the NGT Act.
- (ii)
The power must be exercised within the Act and the enactments in Schedule I, and in accordance with the principles of natural justice.
- (iii)
The individual appeals were delinked, to be heard separately on their merits.