NGT not for convenience of govt: HC

  • | Thursday | 14th September, 2017

For, it addresses all three issues: Of connectivity, financial burden and adequate legal representation," the high court said. "It (NGT) is established under a law to address environmental issues and before the NGT, as indeed before any Court, all litigants, whoever they be, are equal. "What we suggest is in no way against the interest of the government. It is a land as intensely fertile as it is fragile. "What makes Goa different and perhaps special is not just the volume of the filings before the NGT, a matter that might be attributed to pronounced local fascination with and penchant for the process of law, but more importantly to the environmental sensitivity of this land.

Panaji: The high court of Bombay at Goa has observed that NGT has not been set up for the benefit or convenience of " this or that government" and directed the Goa government to file a reply by considering that it has an obligation to citizens and to environmental protection.The court made the observations while hearing four public interest litigations, three writ petitions and a suo motu public interest litigation regarding the transfer of Goa cases from NGT Pune bench to Delhi."It (NGT) is established under a law to address environmental issues and before the NGT, as indeed before any Court, all litigants, whoever they be, are equal. The government would, in preparing its affidavit, do well to bear this in mind and also to be mindful of the fact that it has an obligation to citizens and to environmental protection, a duty that cannot be denied," a division bench comprising justices G S Patel and Nutan D Sardessai observed.The high court remarked that it is quite unable to understand how the concept of access to justice and environmental justice is subserved by moving the forum to a site that is impossible to reach conveniently by road or rail and only accessible by expensive air travel.While proposing the government to address the question of setting up of a circuit bench in Goa, the high court noted that it is informally told that there is sufficient space in old district court and also in the court building at Patto, Panaji."What we suggest is in no way against the interest of the government. For, it addresses all three issues: Of connectivity, financial burden and adequate legal representation," the high court said."What makes Goa different and perhaps special is not just the volume of the filings before the NGT, a matter that might be attributed to pronounced local fascination with and penchant for the process of law, but more importantly to the environmental sensitivity of this land. It is a land as intensely fertile as it is fragile. It needs special attention in law and in court, and it needs more often and closer home," the bench saidThe judges said it was unfortunate that despite the clear directions in an order of September 5, 2017, the government has not yet filed its affidavit and allowed one final opportunity to do so by September 18.The matter has been fixed for further hearing on September 25.

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