Judge on bench that moved cases to green tribunal may head it

The tribunal was set up two years ago to decide all environment-related disputes

Last month,as part of a three-judge Supreme Court bench,Justice Swatanter Kumar had ensured more work for the National Green Tribunal (NGT) by ordering that all cases involving questions of environmental law be transferred to the tribunal. Now,another judge on the same bench,Chief Justice S H Kapadia,has recommended that Kumar head the NGT.

The tribunal was set up two years ago to decide all environment-related disputes. On August 9,a bench of Kapadia,Kumar and Justice A K Patnaik had ordered the transfer of all environmental cases,including those filed or pending in courts before the establishment of the NGT,to it.

Incidentally,Kumar is also the chairperson of the committee that selects members of the tribunal. As NGT chairperson,he will continue to be its member but cannot head it.

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The NGT Act allows the transfer of all pending cases at the National Environmental Appellate Authority,which ceased to exist after the NGT was established,but is silent on other environment cases in higher courts. The SC bench order transferring all environmental cases to the NGT came during the hearing of a Bhopal gas tragedy case.

In unambiguous terms,we direct that all the matters instituted after coming into force of the NGT Act and which are covered under the provisions of the NGT Act… shall stand transferred and can be instituted only before the NGT, the court said.

The ruling effectively created much more work for the NGT than it has so far handled. The tribunal,which has been functioning out of a guest house,is severely constrained because of lack of staff as well as infrastructure.

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