“Prima Facie We Are Of The View That NGT Cannot Strike Down Law”, Observes Supreme Court

first_imgTop Stories”Prima Facie We Are Of The View That NGT Cannot Strike Down Law”, Observes Supreme Court Radhika Roy13 April 2021 8:37 AMShare This – xThe Supreme Court on Tuesday observed that the National Green Tribunal (NGT) could not decide upon and strike down the validity of a law.A Bench comprising of Chief Justice of India SA Bobde, and Justices AS Bopanna and V. Ramasubramanian were hearing a plea pertaining to an appeal against the Karnataka High Court’s order wherein a plea challenging Section 40 of the Biodiversity Act had…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Tuesday observed that the National Green Tribunal (NGT) could not decide upon and strike down the validity of a law.A Bench comprising of Chief Justice of India SA Bobde, and Justices AS Bopanna and V. Ramasubramanian were hearing a plea pertaining to an appeal against the Karnataka High Court’s order wherein a plea challenging Section 40 of the Biodiversity Act had been transferred by the High Court to NGT, Chennai. The SLP in the instant case challenges the order of transfer of the plea to the NGT. In today’s hearing, the CJI observed, “Prima facie we are of the view that the National Green Tribunal cannot strike down a law”. Senior Advocate Nikhil Nayyar, appearing on behalf of Petitioner Environment Support Group, informed the Court then that the issue had already been clarified in the Sterlite case. Senior Advocate Aditya Sondhi, however, submitted that in the L. Chandrakumar case, the appellate power had been looked into. To this, the CJI responded that that was not the question present before the Court.Accordingly, the Court proceeded to direct an ad interim stay on the NGT order. The matter will now be taken up next. Click Hear To Download/Read OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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