Full order N.KIRUBAKARAN,J. AND T.V.THAMILSELVI,J. (Order of the Court was made by N.KIRUBAKARAN,J.) The Petitioner has challenged the order passed by the National Green Tribunal, Southern Zone, dated 15.06.2021, transferring the case filed by the Petitioner to the Bench called Principal Bench of National Green Tribunal, New Delhi as the Southern Zone Bench has felt that the order to be passed in the Petition filed by the Petitioner would have Pan India effect and it has to be heard by the Principal Bench at New Delhi.

W.P.No.13266 of 2021
and
W.M.P.Nos.14076, 14079 & 14080 of 2021

N.KIRUBAKARAN,J.
AND
T.V.THAMILSELVI,J.

(Order of the Court was made by N.KIRUBAKARAN,J.)

The Petitioner has challenged the order passed by the National Green Tribunal, Southern Zone, dated 15.06.2021, transferring the case filed by the Petitioner to the Bench called Principal Bench of National Green Tribunal, New Delhi as the Southern Zone Bench has felt that the order to be passed in the Petition filed by the Petitioner would have Pan India effect and it has to be heard by the Principal Bench at New Delhi.

2.Mr.G.Babu, learned Senior Panel Counsel, takes notice on behalf of the 2nd Respondent. Notice to the 1st respondent returnable in four weeks. Private notice including email and whatsapp is also permitted.
3.The Petitioner challenged the Official Memorandum dated 11.11.2020 issued by the 2nd respondent by which it has been stated no fresh environmental impact assessment is required in case of change of coal sources by the industries viz., imported coal to domestic coal or domestic coal to imported coal or blending of both coals for the use of Thermal Power Plant. Contending that it will have huge impact on the environment, the Petitioner challenged the said Official Memorandum before the Tribunal.

4.The Tribunal has entertained the Petition filed by the Petitioner in O.A.No.74 of 2021 (SZ) on 26.02.2021, observing that whenever there is change of fuel, a further appraisal is required and dispensing with such appraisal may have an impact on environment and that aspect has to be considered in detail before considering the validity of the Official Memorandum and has ordered notice.

5.When the matter was called before the National Green Tribunal, Southern Zone on 03.06.2021, the Tribunal opined that the Principal Bench of National Green Tribunal at New Delhi, can exercise powers over whole of India apart from exercising their powers within their jurisdiction and power has been given to the Hon’ble Chair Person to allot the nature of work to Zonal Benches and for withdrawal of cases and transfer of cases from one Bench to another Bench. Since the decision in that case would have an impact not only in the southern region but also at national level, the Southern zone Bench felt that the Principal Bench has to consider and pass orders in such Pan India issue. Therefore, the matter was directed to be placed before the Principal Bench. Subsequently, when the matter came up on 15.06.2021, the Tribunal transmitted the case papers to the Principal Bench at New Delhi. The said order is being challenged before this Court.

6.Mr.Yogeswaran, learned counsel appearing on behalf of the Petitioner would very eloquently address this Court stating that every Bench of the National Green Tribunal is equal and there is no question of any Bench being called as Principal Bench. If the order is given effect to, it would appear as if the National Green Tribunal at New Delhi would have Appellate Jurisdiction and it will create an artificial hierarchy, which is unknown under the scheme of the Act. Thus, the transfer itself is unwarranted and illegal, he would submit.

7.The learned counsel would also take this Court through the provisions of the Act and also the notification issued by the Central Government, while forming the Tribunal, to stress the point that the impugned order is not sustainable.

8.Mr.G.Babu, learned Senior Panel Counsel appearing on behalf of the 2nd respondent seeks time to file counter affidavit.

9.As rightly pointed out by Mr.Yogeswaran, learned counsel for the Petitioner, under the scheme of the National Green Tribunal Act, there is no question of any appellate jurisdiction. Section 3 of the National Green Tribunal Act, 2010 speaks about establishment of Tribunal, which is extracted as follows:
“3.Establishment of Tribunal – The Central Government shall, by notification, establish, with effect from such date as may be specified therein, a Tribunal to be known as the National Green Tribunal to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act.”
In Section 4(3) of the Notification dated 10.08.2017 issued by the Central Government the places of sitting of the National Green Tribunal has been specified which is usefully extracted as follows:
Zone Place of Sitting Territorial Jurisdiction
1. Northern Delhi
(Principal Bench) Uttar Pradesh, Uttarakand, Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir, Goa, National Capital Territory of Delhi and Union Territory of Chandigarh, Daman and Diu and Dadra and Nagar Haveli.
2. Western Pune Maharashtra, Gujarat
3. Central Bhopal Madhya Pradesh, Rajasthan and Chattisgarh
4. Southern Chennai Kerala, Tamil Nadu, Andhra Pradesh, Karnataka, Union Territories of Puducherry and Lakshadweep
5. Eastern Kolkata West Bengal, Odisha, Bihar, Jharkhand, Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Union Territory of Andaman and Nicobar Islands.
Note: As per the order dated 11.10.2017 of Hon’ble High Court of Bombay at Goa Bench in PIL Writ Petition No.22 of 2017, Goa will be under the jurisdiction of Western Zone Bench at Pune.
From the above, it is clear that as many as five Benches have been constituted and the territorial jurisdictions have been given in detail. The National Green Tribunal at New Delhi will have jurisdiction in Uttar Pradesh, Uttarakand, Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir, Goa, National capital territory of Delhi and Union Territory of Chandigarh, Daman and Diu and Dadra and Nagar Haveli. Similarly, the Southern Bench will have jurisdiction in Kerala, Tamil Nadu, Andhra Pradesh, Karnataka, Union Territories of Puducherry and Lakshadweep. Therefore, each Bench will have jurisdiction over a specified area and there is no superior power to any Bench. Though in the notification dated 10.08.2017, the Northern Zone Bench at Delhi is called Principal Bench, it is prima facie contrary to the scheme of the Act as the Act does not speak about any Principal Bench. The Notification itself may not be in consonance with the Act, terming one Bench as Principal Bench.

10.The Bench at New Delhi has got territorial jurisdiction only to specified States and not on a national level. The powers given to the Chairperson are specified under Rule 3, which are extracted as follows:
3.Distribution of business amongst the different ordinary place or places of Sittings of Tribunal:-
(1)The Chairperson may constitute a bench of two or more members consisting of at least one Judicial Member and one Expert Member.
(2)The Chairperson shall have the power to decide the distribution of the business of the Tribunal amongst the members of the Tribunal sitting at different places by order and specify the matters which may be dealt with by each such sitting in accordance with the provisions of clause (d) of sub-section (4) of Section 4 of the Act.
(3)If any question arises as to whether any matter falls within the purview of the business allocated to a place of sitting, the decision of the Chairperson shall be final.”
It relates with regard to allocation of business only. The decision given by any Bench of National Green Tribunal, dealing with any issue, will have Pan India effect and it cannot be said that only if the issue is decided by the Bench at Delhi, it will have Pan India effect. The observation made by the Southern Bench of the Tribunal prima facie appears to be not in consonance with the provisions of the Act. Vesting of power only with the Bench at New Delhi is not contemplated anywhere in the statute, eventhough power is concentrated at New Delhi. The jurisdiction of every bench has been distinctly given and it is only to enable the citizens to approach the Forum constituted in their zone and not to make the citizens to travel to New Delhi spending huge amount which is not possible for every citizen for each and every issue. If such a procedure is adopted, it would amount to denying access to justice as is being done in other matters. Every effort is being taken to deliver justice at the door steps of citizens. Grama Nyayalayas are sought to be established to deliver justice to rural people in a quick and easy manner. That is the reason why Courts are being established at every taluk level. It is extended upto High Court level by establishment of Benches for the convenience of local public. People are expecting justice delivery at their door steps to be extended upto the highest level. The very purpose of establishing the Benches of the Tribunal in each zone is to decide the issues arising out of the specified States. There is no Pan India concept available in the statute. In view of that, the order passed by the Tribunal is liable to be stayed and accordingly stayed.

For filing counter, call the matter on 16.07.2021.

(NKKJ) (TVTSJ)
25.06.2021