HC agrees to hear challenge to NGT, its jurisdiction

Delhi High Court today agreed to hear a plea challenging the establishment and jurisdiction of the National Green Tribunal (NGT) as well as the rules for appointment of its Chairperson, judicial and expert members.
"The petition is admitted. Let it be heard on December 14," a bench of Chief Justice G Rohini and Justice Jayant Nath said.
The government told the court that a similar matter was filed in the Madras High Court and has been transferred to the Supreme Court and urged the court not to pass any orders in the matter till the apex court decides the issue.

The court had reserved its order on the maintainability of the plea on August 21, which has sought direction to declare NGT as illegal, invalid and ultra vires of the Constitution.
Centre's standing counsel Anurag Ahluwalia, appearing for the Ministry of Environment, Forest and Climate Change, had earlier contended that there was no cause of action to challenge NGT Act's provisions as well as the rules of appointment.
The court was hearing a plea filed by an advocate Ravinder Kumar, who has challenged the constitutional validity of the provisions of the NGT Act 2010 which relate to the establishment and composition of the Tribunal and qualifications required for appointing its Chairman and judicial and experts members.

He has sought to declare these sections as illegal, invalid and unconstitutional.
The plea has also alleged that the fixation of the terms of office of the Chairman and Judicial Members smacked of political intervention "statutorily incorporated in the NGT Act to accommodate post-retirement, re-employment, extension and benefits to judges of the Supreme Court, High Court and bureaucracy.