The Supreme Court has stayed the proceedings before the National Green Tribunal (NGT) on the issue related to the grant of environmental clearance to Monnet Ispat and Energy?s integrated steel and power plant in Chhattisgarh.
A bench headed by Justice GS Singhvi also issued notice to Jan Chetna, an NGO on whose plea the Delhi high court transferred the case to the green tribunal.
The NGO had sought quashing of the environmental clearance given by the ministry to Monnet Ispat in December 2007 on the grounds that the government had ignored the objections raised by the people living in the area.
The ?inadequate and faulty? Environment Impact Assessment (EIA) report prepared by the state authorities based on which the Centre gave clearances ?mislead the Union of India?, the NGO alleged.
After the National Green Tribunal Act came into effect in October 2010, the HC in May this year had remanded the matter to NGT for fresh adjudication.
Challenging the HC judgment that asked NGT to look into the issue, Monnet Ispat argued that the tribunal does not have any jurisdiction to decide the matter as under Section 16 of the NGT Act only orders passed under the Air Act, the Water Act and the Environment Protection Act ? on or after? the coming into force of the NGT Act can be adjudicated by the tribunal.
In this case, the environmental clearance by the ministry was given prior to coming into force of the NGT Act, therefore, the tribunal can not adjudicate the issue, the petition added.
Besides, Jan Chetna had suppressed the fact that it had filed a civil suit before a civil court in Chattisgarh having similar prayers as sought before the HC, it added.
Senior counsel Ashok Desai, on behalf of Monnet Ispat, argued that the NGO was guilty of circumventing the due process of law as its appeal before the National Environment Appellate Authority (NEAA) challenging the environmental clearance of 2007 was dismissed in December 2008 and the appeal against the same should have been filed before the Chattisgarh HC rather than Delhi HC.
