Suo Moto Jurisdiction Of NGT: Case Analysis Of The Municipal Corporation Of Greater Noida V. Ankita

Suo Moto Jurisdiction Of Ngt: Case Analysis Of The Municipal Corporation Of Greater Noida V. Ankita Sinha

Arjun Girish, BA LLB (Hons), Amity University, Noida

ABSTRACT:

On October 7, 2021, the Hon'ble Supreme Court of India stated that the National Green Tribunal has Suo Motu powers to take cognizance based on letters representations, and media reports that abandoned the Hon'ble justice. A.M. Khanwilkar, Rishikesh Roy, and C.T. Ravi Kumar issued the decision on a batch of petitions that posed the question of whether the NGT has Suo Motu jurisdiction. The court determined that the NGT must be viewed as a generous institution because the National Green Tribunal Act of 2010 grants the tribunal broad powers beyond those of a basic adjudicatory body.

The court also stated that the environmental impact of climate change is becoming more visible in recent years, and that the entity must be allowed the authority to use Suo Moto power in order to mitigate negative environmental implications for future generations.

Suo moto cognizance refers to the court's authority to hear cases on its alone. Articles 32 and 226 of the Indian Constitution empower the Supreme Court and High Court to hear cases on their own. Suo moto is a Latin phrase that refers to actions conducted by government entities.

The National Green Tribunal was established on October 18, 2010 under the National Green Tribunal Act 2010 for the effective and expeditious resolution of cases relating to environmental protection and the conservation of forests and other natural resources, including the enforcement of any legal right relating to the environment and the provision of relief and compensation for damages to persons and property, as well as matters connected with or incidental thereto. It is a specialised body with the required expertise to address multi-disciplinary environmental disputes.