MUNICIPAL CORPORATION OF GREATER MUMBAI versus ANKITA SINHA & ORS.

Citation: [2021] 10 S.C.R. 1 · Decided: 07-10-2021 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Directions issued

Cited by 7 judgment(s) · cites 14 · see the full citation network in Lexace

Judgment (excerpt)

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MUNICIPAL CORPORATION OF GREATER MUMBAI
v.
ANKITA SINHA & ORS.
(Civil Appeal Nos. 12122-12123 of 2018)
OCTOBER 07, 2021
[A. M. KHANWILKAR, HRISHIKESH ROY AND
C. T. RAVIKUMAR, JJ.]
National Green Tribunal Act, 2010: History of legislation –
Preamble and Statement of Objects and Reasons of the Act –
Contours of the jurisdiction of the NGT – Discussed.
National Green Tribunal Act, 2010: Interpretation of –
Purposive interpretation – The provision must be read with the
intention to accentuate them, especially as they concern protections
of rights under Art.21 and also deal with vital environmental policy
and its regulatory aspects.
National Green Tribunal Act, 2010: Salient features –
Discussed.
National Green Tribunal Act, 2010: Role of National Green
Tribunal – The Schedule I of the NGT Act is concerned with
implementation of few environmental related enactments such as
the Water Act, the Air Act, the Environment Act, the Forest
Conservation Act etc – As one looks at these enactments, an
expanded role for the NGT is clearly discernible – The activities of
the NGT are not only geared towards the protection of the
environment but also to ensure that the developments do not cause
serious and irreparable damage to the ecology and the environment
– NGT is primarily concerned with protection of the environment
and also preservation of the natural resources – As the specialized
forum, the NGT would be expected to take preventive action, besides
settling and adjudicating disputes and pass orders on all environment
related questions – NGT is not just an adjudicatory body but has to
perform wider functions in the nature of prevention, remedy and
amelioration.
National Green Tribunal Act, 2010: Power of National Green
Tribunal – In case of environmental events causing damage – The
[2021] 10 S.C.R. 1
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SUPREME COURT REPORTS
[2021] 10 S.C.R.
NGT is empowered to carry out restitutive exercise for compensating
persons adversely affected by environmental events – The larger
discourse which informs such functions is related to distributive
and corrective justice – Even in the absence of harm inflicted by
human agency, in a situation of a natural calamity, the NGT will be
required to devise a plan for alleviating damage – An inquisitorial
function is also available for the NGT, within and without adversarial
significance – Many of these functions do not require an active
“dispute”, but the formulation of decisions.
National Green Tribunal: Suo motu power, exercise of – The
specialized tribunal’s exercise of suo motu powers is somewhat
distinct from those exercised by the constitutional Courts – The
Supreme Court and High Courts can foray into any issues under
their constitutional mandate but the NGT cannot naturally travel
beyond its environmental domain in reference to the scheduled
enactments – However, as long as the sphere of action is not
breached, the NGT’s powers must be understood to be of the widest
amplitude.
National Green Tribunal: Uniqueness of NGT vis-a-vis other
Tribunals – The statutory Tribunals are categorized to fall under
four subheads; Administrative Tribunals under Art.323A; Tribunals
under Art.323B; Specialized sector Tribunals and most prominently;
Tribunals to safeguard rights under Art.21 – The duties of NGT
brings it within the ambit of the fourth category, creating a
compelling proposition for wielding much broader powers as
delineated by the statute.
National Green Tribunal: Sui Generis role of NGT – NGT is a
specialised forum – The NGT is a Tribunal with sui generis
characteristic, with the special and all-encompassing jurisdiction
to protect the environment – Besides its adjudicatory role as an
appellate authority, it is also conferred with the responsibility to
discharge role of supervisory body and to decide substantial
questions relating to the environment – The necessity of having a
specialized body, with the expertise to handle multi-dimensional
environmental issues allows for an all-encompassing framework
for environmental justice – The technical expertise that may be
required to address evolving environmental concerns would
definitely require a flexible institutional mechanism for its effective
exercise.
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National Green Tribunal: An Authority to take suo motu
cognizance of matter – NGT is not required to be triggered into
action by an aggrieved or interested party alone – The exercise of
power by the NGT is not circumscribed by receipt of application –
When substan

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