National Green Tribunal has the power to exercise Suo Motu jurisdiction in discharge of its functions – SC
OCTOBER 7, 2021
The NGT noticed an article titled “Garbage Gangs of Deonar: The Kingpins and Their Multi-Crore Trade” in the online news portal, The Quint, NGT took suo motu cognizance of the above article. Pursuant to the Report of the inspecting team which highlighted that the landfill site failed to comply with the provisions of the Solid Waste Management Rules, 2016, the NGT vide order dated 30.10.2018 noted that ‘damage to the environment and public health is self-evident’ and ordered MCGM to pay compensation to the tune of Rs. 5 crores. This Court while entertaining the Civil Appeal No. 86/2019 of MCGM, ordered stay on the operation of the order passed by the NGT and thereafter arranged for analogous consideration of the related cases where the common threshold jurisdictional issue arises on whether the NGT has the power to exercise suo motu jurisdiction.SC Held that the NGT is vested with suo motu power in discharge of its functions under the NGT Act.
MUNICIPAL CORPORATION OF GREATER MUMBAI
VERSUS
ANKITA SINHA & ORS.
