The Green Bench of the Supreme Court is seized of another interesting matter – a case which pertains to the development of Vizhinjam Port..The case is concerned with appeals filed by the Vizhinjam International Seaport Limited (VSIL) and the Government of Kerala against a July 17 order of the principal Bench of the National Green Tribunal (NGT). Though the case is before the Green Bench, it deals with more than just environmental questions. The Court will be determining two important legal issues – whether the NGT can exercise limited judicial review of delegated legislation, and whether the principal Bench of the NGT can transfer a part heard matter from a Regional Bench to itself..When the matter was heard on September 5, Senior Advocate KK Venugopal appeared for VSIL while Senior Advocate Krishnan Venugopal appeared for the State of Kerala. Senior Advocate Raj Panjwani appeared for the petitioners in the original matters pending before the NGT. .The case pertains to the environmental and Coastal Regulation Zone (CRZ) clearances given to the proposed Vizhinjam Seaport project which was challenged by a few citizens who claimed that the port will impact the environment and affect their livelihood as fishermen. The Southern Bench of the NGT situated at Chennai was hearing one appeal pertaining to the matter while the principal Bench in Delhi was hearing an Original application and an appeal..By an order of July 17, 2014, the principal Bench transferred to itself the part heard appeal pending before the Southern Bench while also holding that it has the power of limited judicial review to examine the Constitutional vires of delegated legislation..In its petition drawn by Advocate Jogy Scaria and settled by Senior Advocate Krishnan Venugopal, the Kerala government has attacked this order of the NGT on the grounds that the NGT:.“Conferred on itself the jurisdiction to enforce fundamental rights under Articles 14 or 19 through judicial review of delegated legislation under the environmental statutes listed in Schedule I of the National Green Tribunal Act, 2010Held that it has power to order the Central Government to enact, amend or rewrite delegated legislation such as the Coastal Regulation Zone NotificationTransferred to itself (i.e., NGT Principal Bench) an appeal against the Clearance Order that was at the stage of final arguments before the Chennai Bench in violation of the express provisions of S. 4(3) the NGT Act.”.It has contended that a tribunal does not have an inherent power of judicial review unless it is expressly vested in it by a statue and that there is no provision in the NGT Act, 2010 (Act) conferring such a power on the NGT. It has further submitted that there is no provision in the Act for the transfer of a petition or application which is pending adjudication before a competent Bench..On the above grounds, a prayer has been made for quashing the July 17 order of the NGT..When the matter was taken up at 2 pm on September 5, the Bench, especially Justice Khehar, was initially not inclined to hear the matter. “Let them decide, you can come to Supreme Court by way of statutory appeal”, was his initial response. KK Venugopal, then, argued at length about how the NGT exceeded its jurisdiction in the matter and described the July 17 order of the NGT as “wholly illegal, unconstitutional and [one] which needs to be corrected.” It took much convincing by KK Venugopal and Krishnan Venugopal to get the Court to issue notice. However, the Court has not stayed the proceedings in the NGT in the matter. .The case will now be heard in October..Read the July 17 order of the NGT below..Image taken from here.
The Green Bench of the Supreme Court is seized of another interesting matter – a case which pertains to the development of Vizhinjam Port..The case is concerned with appeals filed by the Vizhinjam International Seaport Limited (VSIL) and the Government of Kerala against a July 17 order of the principal Bench of the National Green Tribunal (NGT). Though the case is before the Green Bench, it deals with more than just environmental questions. The Court will be determining two important legal issues – whether the NGT can exercise limited judicial review of delegated legislation, and whether the principal Bench of the NGT can transfer a part heard matter from a Regional Bench to itself..When the matter was heard on September 5, Senior Advocate KK Venugopal appeared for VSIL while Senior Advocate Krishnan Venugopal appeared for the State of Kerala. Senior Advocate Raj Panjwani appeared for the petitioners in the original matters pending before the NGT. .The case pertains to the environmental and Coastal Regulation Zone (CRZ) clearances given to the proposed Vizhinjam Seaport project which was challenged by a few citizens who claimed that the port will impact the environment and affect their livelihood as fishermen. The Southern Bench of the NGT situated at Chennai was hearing one appeal pertaining to the matter while the principal Bench in Delhi was hearing an Original application and an appeal..By an order of July 17, 2014, the principal Bench transferred to itself the part heard appeal pending before the Southern Bench while also holding that it has the power of limited judicial review to examine the Constitutional vires of delegated legislation..In its petition drawn by Advocate Jogy Scaria and settled by Senior Advocate Krishnan Venugopal, the Kerala government has attacked this order of the NGT on the grounds that the NGT:.“Conferred on itself the jurisdiction to enforce fundamental rights under Articles 14 or 19 through judicial review of delegated legislation under the environmental statutes listed in Schedule I of the National Green Tribunal Act, 2010Held that it has power to order the Central Government to enact, amend or rewrite delegated legislation such as the Coastal Regulation Zone NotificationTransferred to itself (i.e., NGT Principal Bench) an appeal against the Clearance Order that was at the stage of final arguments before the Chennai Bench in violation of the express provisions of S. 4(3) the NGT Act.”.It has contended that a tribunal does not have an inherent power of judicial review unless it is expressly vested in it by a statue and that there is no provision in the NGT Act, 2010 (Act) conferring such a power on the NGT. It has further submitted that there is no provision in the Act for the transfer of a petition or application which is pending adjudication before a competent Bench..On the above grounds, a prayer has been made for quashing the July 17 order of the NGT..When the matter was taken up at 2 pm on September 5, the Bench, especially Justice Khehar, was initially not inclined to hear the matter. “Let them decide, you can come to Supreme Court by way of statutory appeal”, was his initial response. KK Venugopal, then, argued at length about how the NGT exceeded its jurisdiction in the matter and described the July 17 order of the NGT as “wholly illegal, unconstitutional and [one] which needs to be corrected.” It took much convincing by KK Venugopal and Krishnan Venugopal to get the Court to issue notice. However, the Court has not stayed the proceedings in the NGT in the matter. .The case will now be heard in October..Read the July 17 order of the NGT below..Image taken from here.
