 "Photo courtesy: www.greentribunal.gov.in")
The Environment Ministry has challenged the jurisdiction of National Green Tribunal to take a decision on its recent notification exempting real estate projects from obtaining prior environmental clearance.
The Ministry of Environment and Forests (MoEF) told the green panel that the petition challenging the notification published on December 9 last year exempting building and construction projects of all sizes from the process of environment impact assessment (EIA) and prior environmental clearance (EC) was not maintainable.
"It is submitted that the petition is not maintainable in as much as the present petition has impugned the validity/ constitutionality of a notification issued by the answering respondent amending the EIA Notification, 2006 in exercise of its powers under section 3 of the Environment (Protection) Act, 1986 on the ground that the same is violative of Articles 21 and 14 of the Constitution, which is beyond the ambit of Section 14 read with Section 18 of the National Green Tribunal Act, 2010.
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Referring to a recent Bombay High Court judgement, MoEF said the tribunal has no jurisdiction to test the validity of a subordinate legislation issued by it.
"It is submitted that the Division Bench of the High Court has held in its recent judgement...Wherein it has interpreted the scheme of the National Green Tribunal Act, 2010, specially the scope of Section 14, 15, 16, 17 and 18 of the National Green Tribunal Act, 2010 and has come to the conclusion that Tribunal has no jurisdiction to test the validity of a subordinate legislation issued by MoEF in exercise of its powers enshrined under the Acts of the Schedule I of the National Green Tribunal Act, 2010," the Environment Ministry said.The Environment Ministry has challenged the jurisdiction of National Green Tribunal to take a decision on its recent notification exempting real estate projects from obtaining prior environmental clearance.
