NGT's Power To Take Suo Motu Cognizance Of Environmental Issues Upheld: Khaitan & Co.

The Legal Library section collates quality and in-depth reports on regulatory developments, court rulings and policy changes authored by India’s top law firms and consultants. These reports offer BloombergQuint’s subscribers an opportunity to expand their understanding of law and policy..Khaitan & Co. Update.In a recent decision of Municipal Corporation of Greater Mumbai versus Ankita Sinha and others, a three judge bench of Supreme Court of India held that the National Green Tribunal has power to take suo motu cognizance of environmental issues, even though the National Green Tribunal Act, 2010 does not expressly provide it this power.The judgment was rendered in a batch of connected matters with the same issue – whether the NGT has the power to exercise suo motu jurisdiction in discharge of its functions under the NGT Act. The Court ruled that the NGT, which safeguards the right to life under Article 21 of the Constitution of India, 'even in the absence of an application, can self-ignite action either towards amelioration or towards prevention of harm.'At the same time, it clarified that NGT’s suo motu jurisdiction would be subject to the principles of natural justice and fair play – before passing an adverse order, an opportunity of hearing should be provided to a party that is likely to be affected by NGT’s order..Click on the attachment to read the full report:.DISCLAIMERThis alert does not constitute legal advice and is for information purpose only. This report is authored by an external party. BloombergQuint does not vouch for the accuracy of its contents nor is responsible for them in any way. The views expressed in the report are that of the author entity and do not represent the views of BloombergQuint..Users have no license to copy, modify, or distribute the content without permission of the Original Owner.

NGT's Power To Take Suo Motu Cognizance Of Environmental Issues Upheld: Khaitan & Co.

NGT's Power To Take Suo Motu Cognizance Of Environmental Issues Upheld: Khaitan & Co.

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