Centre informs SC that NGT cannot exercise suo Moto power.

 On Thursday, the Centre submitted to the Supreme Court that the National Green Tribunal (NGT), does not have the authority to decide a matter.

Aishwarya Bhati, Additional Solicitor General, appeared for the Environment, Forest and Climate Change Ministry before a bench comprising Justices Hrishikesh and C.T. Ravikumar stated that: "It's our respectful submission that there is no suo motu power ..".

She also stated that it was not in the statue.



The NGT is currently examining whether it has the authority to suo motu take cognisance of a case.

Bhati argued that procedural restrictions cannot limit the tribunal's power.

"This is an unusual tribunal dealing with environmental issues. Environment ends up being everyone's baby. The bench asked her if the tribunal would be obligated to initiate process if it received information about environment. She replied that the ASG stated that the tribunal can take cognisance of any communication or letter once it has been received. She stated that the ministry had filed a one page affidavit citing the fact that the suo motu power was not in the statute and cannot be used by the tribunal.

September 7th will see the continuation of the arguments.

The top court ruled Wednesday that violations of environmental and forest laws do not have to be a dispute between two parties if they affect the common good.

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