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        2021 (10) TMI 527 - SC - Indian Laws

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        Suo motu jurisdiction under the National Green Tribunal Act was affirmed for preventive and remedial environmental justice. The National Green Tribunal Act, 2010 is construed purposively to recognise the Tribunal as a specialised forum with preventive, remedial, and ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Suo motu jurisdiction under the National Green Tribunal Act was affirmed for preventive and remedial environmental justice.

                          The National Green Tribunal Act, 2010 is construed purposively to recognise the Tribunal as a specialised forum with preventive, remedial, and inquisitorial powers aimed at environmental justice. Read with the Act's objects, related procedural rules, and the constitutional right to a healthy environment, the statutory scheme supports the Tribunal acting on its own motion when environmental exigencies require intervention. The absence of an express requirement that proceedings commence only on an application was treated as consistent with this wider mandate, and suo motu power was affirmed for discharge of the Tribunal's functions.




                          Issues: Whether the National Green Tribunal has the power to exercise suo motu jurisdiction under the National Green Tribunal Act, 2010.

                          Analysis: The statutory scheme of the National Green Tribunal Act, 2010 was read purposively in light of its legislative history, objects, and the special environmental mandate conferred on the Tribunal. The Tribunal was treated as a specialised, sui generis forum created to secure environmental justice, environmental equity, and effective redress of environmental harm. Sections 14, 15, 18, 19, 20, 25, 29 and 33 of the Act, together with Rule 24 of the National Green Tribunal (Practice and Procedure) Rules, 2011, were understood as conferring wide powers, including preventive, remedial, and inquisitorial functions. The absence of an express requirement that proceedings must always commence only on an application, coupled with the need to protect the right to a healthy environment under Article 21 of the Constitution of India, supported recognition of the Tribunal's authority to act on its own when environmental exigencies so require.

                          Conclusion: The National Green Tribunal does have suo motu power in discharge of its functions under the National Green Tribunal Act, 2010, and the issue was answered in the affirmative.


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                          ActsIncome Tax
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