MoEF again absent, NGT warns of serious consequences

Irked over repeated absence of the Environment Ministry from some cases despite its earlier orders, the National Green Tribunal today warned the ministry that there would be "serious consequences" if "this attitude persists".
"We are unable to appreciate the attitude of the Ministry of Environment and Forests (MoEF) towards judicial proceedings pending before the tribunal. In some matters, there is no presence, while others are getting adjourned due to lack of instructions.
"If this attitude persists, the tribunal will be left with no option but to pass orders with serious consequences," a bench headed by NGT Chairperson Justice Swatanter Kumar said.

The tribunal made the observations after no counsel appeared for the ministry in a couple of new matters, including one opposing the clearance granted for expansion of Akshardham Temple here.
In the Akshardham Temple case, the tribunal observed that despite its previous orders regarding absence of counsel of MoEF, there is no change in the situation which is "leading to delay of cases and uncalled for adjournments".
It also observed that the Additional Secretary, MoEF as well as an Additional Solicitor General had earlier appeared before it and assured that the issue would be resolved.

"However, today again nobody is present. Let Joint Secretary, MoEF dealing with NGT, be present on next date. Meanwhile, we refrain from issuing coercive orders against the Secretary, MoEF," the bench said.

The tribunal was also displeased with the lack of instructions to counsel for MoEF in another part-heard matter pertaining to mobile phone towers being installed across the country allegedly in violation of stipulated guidelines.
"What is this? What is going on? We think we will have to have your Secretary here," the tribunal said.
"This is a part heard matter. It is being adjourned because of the ministry. We are adjourning the case for the last time today. We direct MoEF to take appropriate measures to ensure presence of their counsel before the tribunal to argue the matter," the NGT added.

The Akshardham Temple and the mobile phone tower matter will be taken up on January 16, 2014.