A problem with the National Green Tribunal (NGT) Bench with a shortage of Judicial members has cropped up, especially with the current Acting Chairperson, Justice U D Salvi retiring in ten days. The NGT Bar Association has brought this case before the Supreme Court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud.

On Wednesday (January 31) senior advocate Mukul Rohatgi said that the decision must be taken by the majority and that must be binding. But the chairperson can be in deciding mode, which is contrary to the section. He also drew attention to the practice rules.

He said the statute is full of contradictions. He also drew the court’s attention to the Page 1 of the Act.

Attorney General K K Venugopal drew the bench’s attention to section 4 of Tribunal Act. “The number of expert members are equal to number of judicial members but not vice-versa,” he said. “There could be 10+10 members. Currently there are 4+2.”

He said: “You cannot appoint one expert member but you can appoint one judicial member alone.” He said that the chairperson can constitute the bench of members including a minimum of one expert member.

The bench said: “We are really sorry, but we cannot allow 1+1 members. There must be two judicial members. The bench also said “don’t create another forum equivalent to the NGT.”

Rohatgi said the law is very clear. If there is no bench, “we approach high court. But don’t carry the illegality. The expert member cannot pass an order.”

The bench said the AG can suggest the name of the Acting Chairperson for the Bhopal Bench. He said the current acting Chairperson Justice Salvi is retiring in 10 days. “Then what will happen?”

The matter is listed for March 12. In the meantime the AG advised to not make any bench comprising only expert members, but they can make a divisional bench including a judicial and expert member.

–          India Legal Bureau