The National Green Tribunal (NGT) was constituted with limited powers under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
A bear reading of the very controversial order passed by the NGT on January 23rd prohibiting sale of alcohol in Goa on 26th January and declaring it as a dry day was a very high-handed order passed without any jurisdiction whatsoever. The NGT has infact totally erred in trying to usurp and exercise powers under Article 226 and/or 132 of the Constitution of India, which powers and authority the NGT is not empowered with. Notifying a dry day is a State policy and is not within the domain of any Court more so the NGT. What is further objectionable is that the order was passed by the NGT ex-parte without hearing the government. That the government did not swiftly move to get the order rectified or even set aside by the Supreme Court is another issue. It was a fit case to promptly knock the doors of the Supreme Court and undo such a blatant illegal order. The stoic silence on the issue by Goa’s Advocate General Atmaram Nadkarni who is India’s highest paid public servant is very deafening. Ironically though the Supreme Court has time and again laid down the parameters on grant of ex-parte reliefs especially in matters having fiscal / policy ramifications, the NGT curiously gave the same a total go by. Though the NGT has done a lot for the sake of environment, such out of the blue, illegal and high -handed orders can open a Pandora’s Box and slowly erode its credibility. Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: [email protected] Or [email protected] You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires
