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Pune bench NGT has not been functioning since Feb 2018, says Kulkarni
In December 2017, many judicial and expert members retired, however, there were no new appointments pointed out the president of NGT Bar Association (western zone)
The four zonal benches of National Green Tribunal (NGT) have been dysfunctional for a year, says Saurabh Kulkarni, president of NGT Bar Association (western zone). Ministry of environment, forest and climate change (MoEF) in 2017, issued a circular stating that single-member benches were allowed to be constituted.
Shalaka Shinde speaks to Kulkarni who approached the Supreme Court in December 2017, against the effect of that circular. Because of Kulkarni’s application, the zonal benches have a ray of hope.
Under what conditions was NGT functioning when you decided to approach the Supreme Court?
The NGT in Pune was functioning with a judicial member and an expert member. From August 2013 to November 2017, the NGT was functioning smoothly. All the members were at the bench, cases were being heard at length and judgements were passed.
In December 2017, many judicial and expert members retired, however, there were no new appointments. At that time, the ministry of environment issued a circular stating that a single-member bench will constitute the tribunal.
The NGT Act clearly states that there should be an equal number of expert members and judicial members on the bench. The government were also reluctant to appoint new members. Hence, we filed a petition in the Supreme Court. On January 31, 2018, the Supreme Court said that no single-member bench will be constituted. From February 1, 2018 till today, the benches at Pune, Bhopal, Kolkata and Chennai are not functioning and the hearings are happening through video conferencing only.
What led to the issuance of the circular by MoEF? Was it because the tribunal was fairly new?
The members were retiring and there were no new appointments, which lead to the issuance of the circular. One cannot say that as the National Company Law Tribunal (NCLT) or the National Company Law Apallete Tribunal (NCLAT) came much after NGT, but they are getting appointments every month. For instance, last week 24 new appointments were made to NCLT and NCLAT.
What came out of the last judgement of the Supreme Court in the case?
Atmaram Nadkarni, the additional solicitor general of India, made a statement before the bench, stating that interviews are scheduled for the appointment of expert members on May 11. Once the candidates are finalised, the names will be sent to the central government.
How has the past year affected the working of NGT?
The filing of new applications has reduced by 60 per cent. Due to no hearings, people are reluctant to come to NGT, stating that it is now a waste of time.
