Seeking NGT’s intervention for petty cases
Climate activism got a great boost when environmental rights were recognized as “fundamental right” under Article 21 (Right to Life) of the constitution. It gave the right to a clean and healthy environment a constitutional sanctity. The Supreme Court of India, High Courts and more specifically the National Green Tribunal-NGT have played a great role in enforcing the environmental laws. These institutions have to act even for petty cases which can be addressed by a tehsil level executive magistrate or a lower rung officer of the Government.
For the last 12 years or more, I have been actively representing myself before the National Green Tribunal-NGT. My own experience says that this tribunal is doing the work which is supposed to be done by law enforcing agencies, especially the executive. Our District Magistrates, Sub Divisional Magistrates-SDMs, Tehsildars, officers of Urban Local Bodies, Panchayati Raj Institutions, JK Pollution Control Committee-PCC are not serious about ensuring implementation of Air Act, Water Act, Municipal Solid Waste Rules 2016, JK Mining Rules 2016 etc. This is reflected in the fact that NGT has imposed huge penalties on J&K Govt in the last 3 to 4 years. Even in petty cases the Govt institutions have failed to act and aggrieved are seeking intervention of the National Green Tribunal -NGT.
Fresh case from Bandipora
The National Green Tribunal-NGT last month had to intervene in a small petty issue related to setting up of a cement hollow brick manufacturing unit at Naidkhai Bandipora. According to the petition filed in NGT by a local resident, the District Administration Bandipora, local SDM & Tehsildar failed to close down the said unit in spite of repeated pleas. The brick manufacturing unit as per the original application is located just adjacent to a Govt Higher Secondary School and is surrounded by some private houses as well. The school principal had made a written communication with the concerned Tehsildar in 2022 who further sought a report from his Naib Tehsildar. The officers failed to act even as the aggrieved had approached SDM Sumbal and DC Bandipora as well. They then approached the J&K Pollution Control Committee -JKPCC who ordered for closing down the unit as the same violated Water Pollution Act 1974 and Air Pollution Act 1981. The unit owner challenged the closure order before Chief Judicial Magistrate -CJM Srinagar. Technically CJM had no jurisdiction to take up in this case and the relief was granted to the brick manufacturing plant owner. Ironically the JKPCC didn’t challenge that order before the District Court or National Green Tribunal-NGT. As all the doors of executive were closed and even lower judiciary passed a defective order the aggrieved locals through one Zahoor Ahmad Dar finally had no option but to seek indulgence of National Green Tribunal-NGT, New Delhi. The case was listed in the NGT on January 21st, 2025 before Principal Bench of Justice Prakash Srivastava (Chairperson NGT) and Dr Afroz Ahmad (Expert Member).
NGT passes order
The petitioner Zahoor Ahmad Dar along with his son Zahid Zahoor were present before NGT’s Principal Bench on Jan 21st , 2025 through virtual mode. He pointed out that on his complaint J&K Pollution control Committee-JKPCC had passed closure order dated 27.05.2024, but the brick plant owner challenged the order in civil suit before the Chief Judicial Magistrate-CJM, Srinagar wherein the interim order dated 28.10.2024 was passed. In compliance to the CJMs order, the closure order dated 27.05.2024 was kept in abeyance by the Member Secretary, JKPCC through an order dated 08.01.2025. The Principal bench said that CJM Srinagar had no jurisdiction to pass an order in this case. The NGT’s order reads:
“We find that the order dated 27.05.2024 was passed by the Member Secretary, J&KPCC under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 58 of the Water Act, 1974 creates a jurisdictional bar on the Civil Court “
The NGT’s Principal Bench advised JKPCC to bring this matter into the notice of Chief Judicial Magistrate-CJM Srinagar so that order is modified accordingly. The case is now again listed for hearing on May 5th 2025
Conclusion
We are facing a severe environmental crisis. The Govt officers have to be serious in enforcing the environmental laws. Had Tehsildar Hajin acted on the School Principal’s application three years back or JK Pollution Control Committee -JKPCC challenged CJM Srinagar’s order before District Judge, the locals wouldn’t have had to seek NGT’s intervention in this petty case? This is really a matter of serious concern!
Dr Raja Muzaffar Bhat is an Acumen Fellow and Chairman Jammu & Kashmir RTI Movement
