Justice Swatanter Kumar, Chairperson, National Green Tribunal in an interview with Lex Witness spoke about the issues concerning the balancing of interests in NGT’s quest for rendering environmental justice in the country apart from recent issues with regard to jurisdiction, functional autonomy and balanced environmental justice. Excerpts thereof are published hereunder:
See ‘Balancing’ is easier said than done. The notion of ‘Balancing’ has its own concomitant pitfalls and at times it’s not easy to take an informed and balanced view between two rival views especially when they are backed by evidence. Besides as citizens of this great nation it is our dream as well, at NGT, to see India as a developed nation. But as an institution, we are mandated to prevent irreparable damage to the environment. So we cannot allow irremediable damage to be caused to the environment in the name of ‘development’. So in this overall formulation we have to find a mean, do a balancing act and render environmental justice.
Keeping the issue of environmental justice in mind we are making our best effort towards that. Exceptions apart, it is our effort to dispose of a matter pending before us within six months time and we have done that in many cases. Besides, we have gone to Shimla, Meghalaya and have held the sitting of NGT at these places to dispose of environmental matters. Now we will be going to Jodhpur soon to hold the sittings of NGT. See, to serve the ends of justice we have no problems in holding circuit benches on the demand of the various High Courts or Bar Associations in the country provided we are provided with the circuit bench infrastructure.
The NGT Act allows us the freedom to choose our own procedure so such tricks will not work against us. Besides creation of more benches and holding of circuit courts may ease the chances of overburdening of NGT and the Courts as well, I am sure that this will help the cause expeditious justice.
Use of strong words should preferably be avoided. In my opinion, making of such observations must be avoided. The observations, if at all, must be well w considered and balanced. But as you may appreciate, on account of environmental clearances many projects are stuck and they must be expedited in a time bound manner. And to facilitate expeditious disposal of clearances single window system must be there to help the cause of speedier clearances so that much needed infrastructure is built.
We have a much better situation now as we now send our budgetary request to the Ministry and they allocate the budget. And I believe this has helped the situation as compared to the previous arrangements.
No. That is not our mandate. But yes NGT Bar may take up such issues.
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