Constitution of NGT Special Bench at Delhi illegal: Bombay High Court

A full bench of the Bombay High Court on Wednesday held that the constitution of a special bench of the National Green Tribunal (NGT) at Delhi is illegal [Goa Foundation v. National Green Tribhunal & Ors.]..The bench comprising Chief Justice Dipankar Datta and Justices GS Patel and MS Sonak quashed and set aside five administrative notices issued by the Principal Bench of NGT constituting a special bench at Delhi for four zones in the country - Eastern, Central, Western and Southern, except the northern zone.While doing so, the Court held that only the members of the western zonal bench can hear matters pertaining to the western zone, including matters arising from Goa and Maharashtra..The High Court opined that the notice is confusing because it says that the special bench will take up those matters which need to be taken up by the Additional Bench till constitution of the Additional Bench or till further orders.“There is a complete lack of clarity. There is no roster for the Special Bench. It is unclear to anyone, even to us, which matters are to be taken by the Special Bench or why, and which will continue before the Western Zonal Bench,” the Court stated..The High Court was informed that there were problems in the functioning of the Western Zonal Bench for some time until August 2021. Between August and December 2021, the Bench had functioned through video conference hearings. However, the judicial member resigned on December 15, 2021.Thereafter, the chairman of NGT permitted the solitary expert member to continue. The same was challenged by the NGT Bar Association which ruled that the NGT has to be comprised of a technical and judicial member.NGT referred to rules of the NGT Act which stated that chairperson of the tribunal could distribute business amongst members of the tribunal and in any case, the constitution of the special bench was temporary and for convenience..The Court, however, was not convinced with the submissions.“There is, no question of any administrative exigency in having matters — unknown, unspecified and with no clarity — being selectively taken and cherry-picked for listing before any so-called Special Bench,” the High Court observed..Advocates Norma Alvares and Om Dcosta appeared for petitioner organisation Goa Foundation.Advocates Abhijeet Joshi, Varsha Sawant and Namit V Loya appeared for NGT.Additional Solicitor General Anil Singh with Advocates Aditya Thakkar, Savita Ganoo and DP Singh appeared for Union of India.Additional Government Pleaders Deep Shirodkar and Neha Shirodkar appeared for State of Goa.[Read Judgment]