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Supreme Court stays NGT proceedings in Biodiversity Act challenge

A three-Judge bench of Chief Justice SA Bobde, Justice AS Bopanna and Justice V Ramasubramanian noted, “We are of the prima facie view that the NGT cannot strike down law.”

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ILNS: The Supreme Court on Tuesday granted an interim stay on the ongoing proceedings before the National Green Tribunal, challenging Section 40 of the Biological Diversity Act, 2002, stating that the Tribunal cannot strike down the law.

A three-judge bench of Chief Justice S.A. Bobde, Justice A.S. Bopanna and Justice V. Ramasubramanian noted, “We are of the prima facie view that the NGT cannot strike down law.”

The petitioners followed the order of the Karnataka High Court, directing them to approach the NGT in a plea challenging Section 40 of the Biological Diversity Act, 2002.

The Karnataka High Court had held, “The Biological Diversity Act, 2002 is expressly covered by Schedule-I and the Tribunal constituted under the National Green Tribunal Act has the jurisdiction to decide all substantial questions relating to the enforcement of any legal right arising out of implementation of the Act and settle such disputes and pass orders thereon.”

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The bench, while hearing the matter, observed that there shall be an interim stay on the proceedings before the National Green Tribunal and listed the matter for next week.

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