HC restrains NGT Bench from initiating suo motu proceedings

Madras High Court today restrained the National Green Tribunal's Southern Bench here from initiating suo motu proceedings, observing that there was no indication with regard to such powers in the relevant act or rules governing it.
Passing interim orders on a PIL, a division bench comprising Justice Satish K Agnihotri and Justice K K Sasidharan issued notice to the Deputy Registrar of the Southern Bench of the NGT returnable by January 22 next.
The NGT was constituted for speedy disposal of cases relating to environment. It was not a substitute for High Court in all respects. It should act within four corners of the statute, the court said.

"There is no indication in the National Green Tribunal Act, 2010 or the rules made thereunder with regard to the power of NGT to initiate suo motu proceedings against anyone including the statutory authorities," it observed.
The Bench, quoting an order of the Supreme Court, restrained the NGT's Southern Bench from taking Suo Motu Proceedings and posted the matter to January 22 for further hearing.
Petitioner Sunderrajan, an advocate and associated with 'Poovulagin Nanbargal', a pro-ecological outfit, submitted that the NGT was constituted under the provisions of the NGT ACT 2010 which had given specified powers to it to adjudicate disputes between the parties.

The NGT had no suo motu jurisdiction to initiate proceedings and had been doing so without any authority and legal sanctity, counsel M.Radhakrishnan, who appeared for the petitioner, argued and sought it to be restrained.