CAN ENVIRONMENTAL PILS BE FILED ONLY BEFORE

NGT?
In the year 2016, the Madras High Court passed a judgment1 in which it was
held that –
“NGT Act, 2010 makes it clear that all issues related to the Water
(Prevention and Control of Pollution) Act 1974, Water (Prevention and
Control of Pollution) Cess ACT 1977, Forest (Conservation) Act 1980, Air
(Prevention and Control of Pollution) Act 1981, Environment (Protection)
Act 1986, Public Liability Insurance Act 1991 and Biological Diversity Act
2002 could be agitated only before the tribunal.”
By virtue of the said reasoning, the Madras High Court dismissed a PIL petition
filed by Somasekharan Nair of Ramavarmanchirai in Kanniyakumari district
accusing a private engineering contract company of running a stone crusher unit
in the residential locality without permission thereby causing heavy air pollution
and consequent health hazards to the residents, especially children.
The Court in the said matter further held that—
“Such approach may be necessary to avoid likelihood of conflict of
orders between the High Courts and NGT. Thus, in unambiguous terms,
we direct that all the matters instituted after coming into force of the NGT
Act and which are covered under the provisions of the NGT Act and/or in
Schedule I to the NGT Act shall stand transferred and can be instituted
only before NGT. This will help in rendering expeditious and specialised
justice in the filed of environment to all concerned.”

The Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan versus
Union of India (2012) had said:
“Keeping in view the provisions and scheme of the NGT Act, particularly
Sections 14, 29, 30 and 38(5), it can safely be concluded that the
environmental issues and matters covered under Schedule I of the Act
should be instituted and litigated before the National Green Tribunal (for
short NGT).

1
Somashekharan Nair v. District Collector and Other, W.P. (MD) No. 2285 of 2016 and W.M. (MD) No. 2009
of 2016
Also, in the PIL that was filed for the purpose of cleaning of River Ganga, The
SC transferred the said PIL to NGT on the ground that there should be no
parallel jurisdiction when it comes to environmental matters. The judgment
read as follows:-
"Having heard the counsel for rival parties and having perused the orders
passed by the National Green Tribunal, we are of the view that there
cannot be parallel jurisdictions to deal with the same issue"

So, in short, all issues relating to Environment is to be filed in NGT as per the
above said judgments.

However, there have also been instances when the Chief Justice of the High
Courts accept and hear out the PIL, if the matter is of great significance. So, we
can say that we still do not have a settled position. The matter is still fluid.