SC clarifies legal position over conflict in orders of NGT and high courts, says the latter shall prevail

New Delhi, June 1

Clarifying the legal position over conflict in orders of the National Green Tribunal (NGT) and those of high courts, the Supreme Court on Wednesday said that the latter shall prevail.

A Vacation Bench led by Justice BR Gavai set aside an NGT order prohibiting construction work at Rushikonda hills in Visakhapatnam, saying orders of constitutional courts would prevail over statutory tribunals.

“The conflicting orders passed by the NGT and the high court would lead to an anomalous situation. The authorities would be faced with difficulty which orders to follow. In such a case orders from the Constitutional court would prevail over statutory tribunals. Thus the continuation of proceedings before the NGT for the same which is also seized with the high court cause of action cannot proceed in interest of justice. We, therefore, quash and set aside the proceedings before the NGT,” said the Bench which also included Justice Hima Kohli.

It was not appropriate for the NGT to proceed when the high court was seized of the matter, noted the Bench.

Though development is necessary for economic development of a nation, it’s equally necessary to safeguard the environment to preserve pollution free environment for future generations, it said even as it clarified that construction will be carried out on the flat area and where the earlier a resort stood and was later demolished.

The NGT had passed the order on a petition filed by MP K Raghu Ramakrishna Raju, alleging violation of CRZ norms by the project.

The Andhra Pradesh High Court had issued notices to the AP Tourism Corporation, Visakhapatnam Collector and Greater Visakhapatnam Municipal Corporation (GVMC) Commissioner on the issues pertaining to the Rushikonda Hill.

“What is this, the National Green Tribunal is also entertaining letters from Members of Parliament. We thought that this jurisdiction was available for have-nots and persons who can’t approach courts. Ordinary citizens and not legislators,” the Bench had noted on Tuesday.

The Andhra Pradesh government had filed an appeal against the NGT order halting construction work at Rushikonda Hills.