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NGT warns MoEF of coercive action on failure to appear

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Press Trust of India New Delhi
The continued absence of the Ministry of Environment and Forests (MoEF) which resulted in several matters being adjourned, invited the ire of the National Green Tribunal which today warned it to either find a remedy for the "routine and persistent issue" or face coercive orders.

"Default of appearance of MoEF is becoming a routine. Secretary, MoEF be informed, by way of last opportunity, of this persistent issue. If no remedy is found for the issue, we will be forced to pass coercive orders," a bench headed by NGT Chairperson Justice Swatanter Kumar said as the ministry was absent from majority of the matters listed before it.
 

The bench made it clear that the MoEF cannot make the tribunal "practically non-functional" as it is "unable to proceed further" with matters due to absence of the ministry and made it clear that if nothing is done, heavy costs will also be imposed.

"They (MoEF) can't make this tribunal practically non-functional. We can't take this. We will call for Joint Secretary, then Secretary and still if nothing is done, then we will impose costs that you can't even imagine," the bench warned and listed tomorrow afternoon all the matters, in which MoEF was absent, for issuing directions.

Yesterday, after absence of the ministry in a part heard matter, the tribunal had directed the Joint Secretary, MoEF (dealing with the matters of NGT) to "be present with complete records on these cases on next date in order to ensure that in future the matters are not required to be adjourned for want of representation on behalf of MoEF".

The tribunal had also imposed cost of Rs 25,000 on the ministry.

On few occasions earlier also, the tribunal had expressed its displeasure over the ministry's absence in various part-heard and other matters which had to be adjourned.

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First Published: Nov 28 2013 | 3:16 PM IST

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