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LATEST NEWS UPDATES | NGT subordinate and can’t contradict high courts: SC -R Balaji

NGT subordinate and can’t contradict high courts: SC -R Balaji

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published Published on Jun 2, 2022   modified Modified on Jun 2, 2022

-The Telegraph

Court quashed a Green Tribunal order that had stayed the construction of a resort by the Andhra Pradesh government on the Rushikonda Hills in Visakhapatnam

New Delhi: The Supreme Court on Wednesday ruled that the National Green Tribunal is subordinate in its jurisdiction to the high courts, which have a constitutional status.

The NGT cannot pass orders contradicting those of the high courts as that would lead to an “anomalous” situation and confuse officials, the apex court added.The bench of Justices B.R. Gavai and Hima Kohli quashed an NGT order that had stayed the construction of a resort by the Andhra Pradesh government on the Rushikonda Hills in Visakhapatnam as part of a tourism project despite the state high court allowing the plan.

The National Green Tribunal and the high court’s contradicting orders would lead to an anomalous situation and authorities would not know which order to follow. In such cases, orders of the constitutional court would prevail over orders of the tribunal,” the bench said.“We’re of the considered view that continuation of proceedings before the NGT for same cause of action of which the high court is seized will not be in the interest of justice. We quash and set aside proceedings before the NGT.”The NGT, created through an act of Parliament in 2010, is tasked with dealing with environmental issues and is headed by a retired Supreme Court judge.

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The Telegraph, 2 June, 2022, https://www.telegraphindia.com/india/ngt-subordinate-and-cant-contradict-high-courts-sc/cid/1867955


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