TECHI TAGI TARA versus RAJENDRA SINGH BHANDARI & ORS.

Citation: [2017] 12 S.C.R. 956 · Decided: 22-09-2017 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Disposed off
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Judgment (excerpt)

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[2017] 12 S.C.R. 956 
TECH! TAGI TARA 
v. 
RAJENDRA SINGH BHANDARI & ORS. 
(Civil Appeal No. 1359 of2017) 
SEPTEMBER22, 2017 
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ.) 
National Green Tribunal Act, 2010 - ss.2(m), 14 and 15 -
Challenge to the constitution of State Pollution Control Boards 
(SPCBs) before National Green Tribunal - NGT while observing 
that membe1:s appointed in .SPCBs of various States lacked expertise/ 
qualifications as suggested by Central Govt., issued directions to 
State Governments to reconsider the appointments already made 
and also laid guidelines for appointment to the SPCBs - Proprie(v 
of - Held: NGT exceeded its jurisdiction in directing the State 
Governments to reconsider the appointme/1/s and in laying down 
guidelines for appointment to the SPCBs - For NGT to exercise its 
jurisdiction, there must be a substantial question relating to the 
environment and that question must arise in a dispute - There must 
be a clainiant raising that dispute which dispute is capable of 
settlement by NGT by grant of some relief uls.15 - However, 
appointment of the Chairperson and members of SPCBs can neither 
be classified as a substantial question relating to the environment 
nor can it be a 'dispute' as such or even for the purpose of the 
· 2010 Act -Such appointments can be disputes for constitutional 
courts to resolve through a writ of quo warranto -Directions issued 
by NGT set aside as being without jurisdiction - Howeve1; in view 
of the fact that many disconcerting jl1cts have come out with regard 
to appointments/nominations made to SPCBs, directions issued to 
executive in all the States to frame guidelines/recruitment mies within 
six months and ensure that suitable professionals and experts are 
appointed to the SPCBs - Further, it is leji open to public spirited 
individuals to move appropriate High Court for issuance of a writ 
of quo warranto if any person who does not meet the statutory or 
constitutional requirements is appointed as a Chairperson or a 
member of any SPCB or is presently continuing as such - Constitution 
of India -Arts. 21, 48A, 5JA(g) - Water (Prevention and Control of 
956 
TECH! T AGI TARA v. RAJENDRA SINGH BHANDARI & ORS. 
957 
Pollution) Act, 1974 - s. 4(2). 8 - Air (Prevention and Control of A 
Pol/11tion) Act, 1981 - s.5(2), 10. 
Environment - State Pollution Control Boards (SPCBs) 
constituted u/ss. 4(2) ~[Water Act and 5(2) ofAir Act -Appointments 
to - importance of deliberative process - Discussed - Water 
(Prevention and Control of Pollution) Act, 1974 - s. 4(2), 8-Air B 
(Prevention and Control of Pollution) Act, 1981 - s.5(2). 
Environment - Preservation and protection of - Duty of -
Discussed. 
Words and Phrases - "Dispute" - Meaning of, in the context 
of National Green Tribunal Act, 2010 - Explained. 
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Disposing of the appeals, the Court 
HELD: 1.1 The protection and preservation of the 
environment is extremely vital and unless this responsibility is 
taken very seriously, particularly by the State Governments and D 
the State Pollution Control Boards (SPCBs), there will be adverse 
consequences for future generations. Issues of sustainable 
development, public trust and intergenerational equity arc not 
mere catch words, but arc concepts of great importance in 
environmental jurisprudence. Perhaps appreciating and 
anticipating this, Article 48A was introduced in the Constitution 
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of India. Article 51A (g) of the Constitution indicates the 
fundamental duties of every citizen of the country, one of them 
being to protect and improve the natural environment including 
forests, lakes, rivers and wild life, and to have compassion for 
living creatures. Apart from the natural law obligation to protect 
and preserve the environment, there is also a constitutional 
obligation to do so. Article 21 of the Constitution has been given 
a very wide amplitude by several decisions of this Court, including 
on issues concerning the environment. [Para 2) [964-D-G] 
1.2 One of the principal attributes of good governance is 
the establishment of viable institutions comprising professionally 
competent persons and the strengthening of such institutions so 
that the duties and responsibilities conferred on them are 
performed with dedication and sincerity in public interest. This 
is applicable not only to administrative bodies but more so to 
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SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
A statutory authorities - more so, becaus
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