Single Member Benches Of NGT Cannot Be Constituted In View Of Proviso To Section 4(4)(c) NGT Act: Supreme Court
2 years, 8 months ago

Single Member Benches Of NGT Cannot Be Constituted In View Of Proviso To Section 4(4)(c) NGT Act: Supreme Court

Live Law  

The Supreme Court observed that single member benches of National Green Tribunal cannot be constituted.The proviso to Section 4 NGT Act mandates that there shall be at least one expert member on the Bench, the bench comprising Justices DY Chandrachud and AS Bopanna observed.The court added that a delegated legislation must be in conformity with the enactment of the legislature. The proviso to Section 4 NGT Act mandates that there shall be at least one expert member on the Bench, the bench comprising Justices DY Chandrachud and AS Bopanna observed. On 11 January 2018, the Supreme Court in a petition filed by the National Green Tribunal Bar Association of the NGT Act 2010 which states that the number of expert members hearing the appeal or application shall be equal to the number of judicial members, mandating that there shall be at least one expert member on the Bench. Case details Talli Gram Panchayat vs Union of India | 2022 LiveLaw 614 | CA 383-384 of 2022 | 11 July 2022 | Justices DY Chandrachud and AS Bopanna Headnotes National Green Tribunal Act, 2010 ; Section 4 - NGT Rules, 2011 ; Rule 3 - In view of the proviso to Section 4 of the NGT Act 2010 which states that the number of expert members hearing the appeal or application shall be equal to the number of judicial members, mandating that there shall be at least one expert member on the Bench.

Supreme Court Court Order Tribunal Act Bench Ngt Rule Chairperson Chandrachud Single This Court Member Dy Chandrachud Shall Proviso Expert Members Bopanna Judicial Members National Green Tribunal Ngt Act 11 January Its Making Single Member Benches  benches  single  bench  rule  shall  ngt  member  view  supreme  act  court  order  constituted  proviso  tribunal

History of this topic

Supreme Court Expresses Disapproval Of NGT Principal Bench Hearing Cases From Western Zone; Warns Of Contempt Action
1 year, 11 months ago

Supreme Court Expresses Disapproval Of NGT Principal Bench Hearing Cases From Western Zone; Warns Of Contempt Action

Live Law  

The principal bench of the National Green Tribunal should know its limitations, said the Supreme Court on Monday. While expressing disapproval over the principal bench of the tribunal allegedly continuing to hear cases arising from the western zone in which they had taken suo motu cognisance, despite the top court’s strictures, Justice BR Gavai said: “There is a specific mandamus …

'Why Is NGT Sitting In A Combination of 5 Judges?It Can Have Two Benches And Do Double Work': Supreme Court
2 years, 5 months ago

'Why Is NGT Sitting In A Combination of 5 Judges?It Can Have Two Benches And Do Double Work': Supreme Court

Live Law  

While hearing submissions in a plea impugning a Bombay High Court order, which had quashed administrative notices issued by the Registrar General of the National Green Tribunal transferring certain cases from the Western Zone Bench at Pune to Northern bench at New Delhi, the Supreme Court, on Tuesday, reckoned why the National Green Tribunal is sitting in a combination of …

"Low Case Load": Supreme Court Dismisses Plea To Establish NGT Benches In Every State
2 years, 10 months ago

"Low Case Load": Supreme Court Dismisses Plea To Establish NGT Benches In Every State

Live Law  

In its judgment upholding constitutionality of Section 3 of the National Green Tribunal Act 2010, the Supreme Court also observed that the seat of the NGT benches can be located as per exigencies and it is not necessary to locate them in every State. The writ petitioners, the Madhya Pradesh High Court Advocates Bar Association and the District Bar Association, …

National Green Tribunal Does Not Oust Jurisdiction Of High Courts; Direct Appeals From NGT To SC Do Not Undermine HCs : Supreme Court
2 years, 10 months ago

National Green Tribunal Does Not Oust Jurisdiction Of High Courts; Direct Appeals From NGT To SC Do Not Undermine HCs : Supreme Court

Live Law  

The Supreme Court on Wednesday upheld the constitutionality of Section 3 of the National Green Tribunal Act 2010, which provides for the establishment of the NGT by the Central Government.The court also held that the National Green Tribunal under Section 14 & 22 of the NGT Act does not oust the High Court's jurisdiction under Article 226 & 227 as …

Supreme Court Reserves Decision In Petition To Move Regional Bench Of NGT From Bhopal To Jabalpur
2 years, 11 months ago

Supreme Court Reserves Decision In Petition To Move Regional Bench Of NGT From Bhopal To Jabalpur

Live Law  

The Supreme Court on Tuesday, reserved its decision in a petition challenging 'various anomalies' arising out of implementation of the National Green Tribunal Act, 2010. The Petitioners have also sought for directions of the Court to move the regional bench of NGT from Bhopal to Jabalpur. They have argued that the constitution of Benches of NGT has been done in …

Madras HC Dismisses For Non-Prosecution Plea Against NGT Order Mandating Suo Moto 'Pan-India' Matters To Be Heard Only By Principal Bench
3 years ago

Madras HC Dismisses For Non-Prosecution Plea Against NGT Order Mandating Suo Moto 'Pan-India' Matters To Be Heard Only By Principal Bench

Live Law  

Madras High Court has recently dismissed a plea challenging the NGT Office Order which mandated that Pan India matters should be heard by the Principal Bench at New Delhi. The plea was filed by one Meenava Thanthai K.R Selvaraj to quash the Office Order dated 12.06.2021 bearing No.NGT/PB/Judl./18/2020/221 issued by the Registrar General of the Principal Bench of the National …

Madras High Court Stays NGT Office Order Mandating Suo Moto 'Pan India' Matters To Be Heard Only By NGT Principal Bench
3 years, 7 months ago

Madras High Court Stays NGT Office Order Mandating Suo Moto 'Pan India' Matters To Be Heard Only By NGT Principal Bench

Live Law  

The Madras High Court on Tuesday imposed a stay on an office order issued by the Registrar General of the Principal Bench of the National Green Tribunal, which had directed that suo matters having pan-India or inter-state implications will be henceforth listed before the Principal Bench of at least three members. Pursuant to Section 4 of the National Green Tribunal …

National Company Law Tribunal Notifies Composition Of Benches For Regular Hearing Via Video Conferencing Mode From July 1
3 years, 9 months ago

National Company Law Tribunal Notifies Composition Of Benches For Regular Hearing Via Video Conferencing Mode From July 1

Live Law  

The National Company Law Tribunal has notified the composition of the principal bench as well as other be benches with effect from July 1 through video conferencing mode on all working days.The office order issued by the Registrar of NCLT, Mr. Shiv Ram Bairwa stated that all the Hon'ble members shall attend the bench from their court rooms through video …

Supreme Court Asks MoEF To Issue Appointment Letters To Incumbent Members Of NGT In 4 Wks, Who May Join Office Immediately Thereafter
4 years, 4 months ago

Supreme Court Asks MoEF To Issue Appointment Letters To Incumbent Members Of NGT In 4 Wks, Who May Join Office Immediately Thereafter

Live Law  

The Supreme Court on Wednesday directed that appointment orders be issued to the incumbent judicial and technical members of the National Green Tribunal without further delay, who may join office immediately thereafter. "In light of the observations already made, there is no manner of doubt that the authorities must act with utmost expeditiousness, as no further delay is desirable in …

SC Asks Selection Committee To Expedite Appointment Of Members To NGT [Read Order]
4 years, 7 months ago

SC Asks Selection Committee To Expedite Appointment Of Members To NGT [Read Order]

Live Law  

The Supreme Court on Friday directed the Central Government to expedite the process of appointment of Judicial and Expert Members to the National Green Tribunal. Section 4 of the National Green Tribunal Act, 2010 stipulates inter alia that the Tribunal shall consist of a full time Chairperson; not less than ten full time Judicial Members and not less than ten …

NGT Southern Bench starts functioning again
5 years, 3 months ago

NGT Southern Bench starts functioning again

The Hindu  

The Southern Bench of the National Green Tribunal once again witnessed hearings after nearly two years in Chennai on Monday. Goel, chairperson, NGT headed the bench, along with Justice K. Ramakrishnan, Judicial Member and Saibal Dasgupta, Expert Member. Justice Goel said the processes at the NGT have been made simpler, and if applicants could not appear in person or did …

Appointment Of Judicial And Expert Members In NGT: SC Seeks Centre's Response
5 years, 5 months ago

Appointment Of Judicial And Expert Members In NGT: SC Seeks Centre's Response

Live Law  

The Supreme Court on Friday sought a response from the Centre on a plea seeking the appointment of judicial and expert members for the benches of the National Green Tribunal across the country. A bench comprising justices N V Ramana and Sanjiv Khanna issued a notice to the Centre on the petition, which has also sought a direction to all …

Plea Against Change Of Bench : SC Requests NGT Chairman To Allocate The Case To The Same Bench For Rehearing
6 years, 6 months ago

Plea Against Change Of Bench : SC Requests NGT Chairman To Allocate The Case To The Same Bench For Rehearing

Live Law  

In a unique order, the Supreme Court has requested National Green Tribunal Chairman to allocate a case to the same bench which earlier heard and reserved judgement on it.The order was passed in an appeal filed by an NGO, 'Citizens for Doon' and few other local residents, who alleged unfairness and lack of propriety on the part of NGT in …

Constitution Of Appellate Tribunal Under GST Act Prima Facie Contrary To SC Decision; Madras HC Issues Notice To Centre, State, GST Council And AG Of India [Read Order]
6 years, 7 months ago

Constitution Of Appellate Tribunal Under GST Act Prima Facie Contrary To SC Decision; Madras HC Issues Notice To Centre, State, GST Council And AG Of India [Read Order]

Live Law  

Holding that the constitution of Appellate Tribunal under the GST Act is prima facie contrary to the decision of the Supreme Court that the technical members on a Tribunal shall never exceed the judicial member, the Madras High Court has issued notice to the Centre, the Tamil Nadu government and the Goods and Service Tax Council and also the Attorney …

Use Video Conferencing To Ensure Original NGT Bench Hears Review Petition: SC [Read Judgment]
6 years, 7 months ago

Use Video Conferencing To Ensure Original NGT Bench Hears Review Petition: SC [Read Judgment]

Live Law  

‘When the matter goes to a new Bench the members of the new Bench may go by their own perspective and philosophy which may be totally different to that of the Bench which originally heard the matter.’The Supreme Court has observed that the National Green Tribunal bench which hears a matter originally should hear the review petition unless it is …

Use Video Conferencing To Ensure Original NGT Bench Hears Review Petition: SC [Read Judgment]
6 years, 7 months ago

Use Video Conferencing To Ensure Original NGT Bench Hears Review Petition: SC [Read Judgment]

Live Law  

‘When the matter goes to a new Bench the members of the new Bench may go by their own perspective and philosophy which may be totally different to that of the Bench which originally heard the matter.’The Supreme Court has observed that the National Green Tribunal bench which hears a matter originally should hear the review petition unless it is …

Now A Tiff In NGT: Sitting Member Moves SC Questioning Acting Chairperson's Appointment
6 years, 9 months ago

Now A Tiff In NGT: Sitting Member Moves SC Questioning Acting Chairperson's Appointment

Live Law  

Justice Rathore also sought an order holding him as the senior-most judicial member of the tribunal and direction to MoEF for passing appropriate orders for appointing him as the acting chairperson of the NGT. A “supersession” row has erupted in the National Green Tribunal over the appointment of Justice Jawad Rahim as the Acting Chairperson by the Supreme Court till …

Now A Tiff In NGT: Sitting Member Moves SC Questioning Acting Chairperson's Appointment
6 years, 9 months ago

Now A Tiff In NGT: Sitting Member Moves SC Questioning Acting Chairperson's Appointment

Live Law  

Justice Rathore also sought an order holding him as the senior-most judicial member of the tribunal and direction to MoEF for passing appropriate orders for appointing him as the acting chairperson of the NGT. A “supersession” row has erupted in the National Green Tribunal over the appointment of Justice Jawad Rahim as the Acting Chairperson by the Supreme Court till …

After 5 months of ‘hibernation’, Pune NGT bench to function from July 2
6 years, 10 months ago

After 5 months of ‘hibernation’, Pune NGT bench to function from July 2

Hindustan Times  

After being out of action for almost five months, the Pune-based western zone of National Green Tribunal will start functioning from July 2. The statutory body will have justice Jawad Rahim as the acting chairperson of NGT, justice Sonam Phintso Wangdi as the judicial member and Nagin Nanda as the expert member. “In the meantime, chairperson of the National Green …

Guj HC Notice To Centre, State, GST Council On Petition Challenging Constitution Of GST Tribunals [Read Order]
6 years, 10 months ago

Guj HC Notice To Centre, State, GST Council On Petition Challenging Constitution Of GST Tribunals [Read Order]

Live Law  

The Gujarat High Court has issued notice to the Centre, Gujarat government and the Goods and Service Tax Council on a petition moved by two chartered accountants challenging the constitution of the National and State GST Appellate Tribunal which they said was “plenary illegal” with just one judicial member.Justice Akil Kureshi and Justice BN Karia issued notice returnable on July …

SC Appoints Former Karnataka HC Judge Jawad Rahim as Acting Chairperson of National Green Tribunal
6 years, 11 months ago

SC Appoints Former Karnataka HC Judge Jawad Rahim as Acting Chairperson of National Green Tribunal

Live Law  

The Supreme Court has appointed former Karnataka High Court Judge, Justice Jawad Rahim as the acting chairperson of the National Green Tribunal (NGT). The appointment was made by a Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud on a Petition filed by the NGT Bar Association. The petition challenged the Constitutional validity of …

Former Karnataka HC Judge Jawad Rahim Appointed As Acting Chairperson Of National Green Tribunal By SC [Read Order]
6 years, 11 months ago

Former Karnataka HC Judge Jawad Rahim Appointed As Acting Chairperson Of National Green Tribunal By SC [Read Order]

Live Law  

The Supreme Court on Tuesday appointed former Karnataka High Court Judge, Justice Jawad Rahim as the acting Chairperson of the National Green Tribunal.The appointment was made by a Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. The Supreme Court on Tuesday appointed former Karnataka High Court Judge, Justice Jawad Rahim as the acting Chairperson …

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]
7 years ago

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]

Live Law  

The Supreme Court has clarified its order that accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/administrative/technical/expert members for all tribunals.The Bench comprising Chief Justice Dipak Misra and Justices AK Khanwilkar and DY Chandrachud also held that the selection process that has commenced. The Supreme Court has clarified its order that …

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]
7 years ago

SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]

Live Law  

The Supreme Court has clarified its order that accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/administrative/technical/expert members for all tribunals.The Bench comprising Chief Justice Dipak Misra and Justices AK Khanwilkar and DY Chandrachud also held that the selection process that has commenced. The Supreme Court has clarified its order that …

SC Tells Centre To Submit New Draft Rules On Appointment Of Tribunals’ Office-Bearers By Jan 4
7 years, 3 months ago

SC Tells Centre To Submit New Draft Rules On Appointment Of Tribunals’ Office-Bearers By Jan 4

Live Law  

The Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday directed the Centre to submit the new draft of the Tribunals, Appellate Tribunals and Other Authorities Rules by January 4, 2018.The bench was hearing a string of writ petitions challenging sections 182, 183, 184 and 185. Senior counsel Kapil Sibal submitted before …

National Green Tribunal gets second bench in South
8 years, 6 months ago

National Green Tribunal gets second bench in South

Deccan Chronicle  

Chennai: The second bench at the southern bench of National Green Tribunal had commenced its sitting on Friday – after over seven months - giving hopes on quicker disposal of the 1,500 odd environment-related cases. Justice M. Sasidharan Nambiar, who retired from the High court of Kerala and served at the Tribunal’s Principal bench, New Delhi, is now posted as …

NGT issues Guidelines on Appointments in State Pollution Control Boards [Read Judgment]
8 years, 6 months ago

NGT issues Guidelines on Appointments in State Pollution Control Boards [Read Judgment]

Live Law  

After hearing a plea challenging the constitution of the Uttarakhand State Pollution Control Board, a five-member bench of the National Green Tribunal on Saturday issued guidelines in respect of eligibility for appointment of Chairman, Member Secretary and members of State Pollution Control Boards.The bench comprising NGT Chairperson Justice Swatanter Kumar, Justice M. Sasidharan. After hearing a plea challenging the constitution …

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