HC vacates NGT stay on Kaleswaram

Hyderabad: In a major relief to the Telangana state government, the High Court at Hyderabad has set aside the interim order of the National Green Tribunal stopping all works related to Kaleshwaram Lift Irrigation project and remanded the matter back to NGT Principal Bench New Delhi to consider it afresh and pass orders in accordance with law. At the same time, the Court also directed the state government that it shall not encroach upon any part of the reserve forest or fell even a single tree in connection with the project till orders are passed afresh by NGT.

The Court also restrained the government from commencing works related to irrigation component of the project, including construction of canals or channels without obtaining environmental clearance from the central government. The government is however free to carry on construction works related to drinking water component of the project.

In a strongly worded 50-page judgment delivered on Wednesday, the division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice J Uma Devi observed that the failure of the Principal Bench, NGT, New Delhi to examine the jurisdictional issues raised by the Telangana government relating to time-limit and territorial aspects is fatal and therefore set aside the order.

However, the bench recorded its concern regarding certain incidents referred to in the reasoned order of NGT, especially about the contractor cutting trees indiscriminately in forest land for construction of staff quarters for its employees.

The judgment authored by the Acting Chief Justice noted the argument of the Advocate General of Telangana that the State of Telangana had raised before the Principal Bench, NGT, New Delhi that Applicant had filed the application before it long after the period of limitation prescribed under Section 14(3) of the National Green Tribunal Act, 2010 expired; and the Principal Bench lacked territorial jurisdiction to entertain the said application, since no part of the cause of action arose within its territorial limits.

The Chennai bench of NGT was competent to hear the matter, the State had contended. Since the NGT did not examine these contentions at all in its order, the division bench felt it could not have passed the interim order without first examining these issues.

The judgment also made it clear that the High Court has jurisdiction under Article 226 and 227 of the Constitution to undertake judicial review of the orders passed by Tribunals even though there is a specific alternative remedy in the NGT Act of approaching the Supreme Court.

The bench observed that judicial review by higher courts i.e. Supreme Court and High Courts form part of the basic structure of the Constitution and no legislation can take away that responsibility. However, the courts would exercise the jurisdiction carefully and only when required. It did not agree with the contention of the senior counsel Vedula Venkataramana appearing for the Applicant before NGT, Md Hayatuddin that the High Court must not exercise its jurisdiction in this matter and direct the state government to approach the Supreme Court if it is aggrieved by the NGT order.