NEW DELHI: The Supreme Court has sought the Central government’s response on a petition challenging certain provisions of the National Green Tribunal Act, 2010. The plea has sought relook at Sections 14, 15 and 16 of the Act on several grounds, including the bar on approaching the tribunal after five years and 60 days to seek compensation, relief or restitution.
It says that such restriction acts as a hindrance for the aggrieved people to exercise their fundamental rights, which as per law is arbitrary and unconstitutional. The petition, filed by advocate Abhimanue Shrestha, says the hazardous effects of pollution caused by any industry/ industrial activity on the ecology and environment are not always necessarily felt within five years and may be felt decades later or may even be intergenerational.
“It has often been the case that living around a polluting industry do not exhibit any adverse symptoms from the pollution caused, but the same are made abundantly apparent only with the coming of the next generations. Similarly, it is not always the case that due to the effect of pollution or the hazard caused by the industries, the environment begins to immediately deteriorate,” the petition reads.
The petition argues that the time limit on seeking damages severely cripples the Tribunal from exercising its functions and powers for the protection and preservation of environment and environmental rights and goes against the very purpose of NGT’s establishment. The petitioner further says that the gap in the remedies available under Articles 32 and 226 of the Constitution, as against what is available in the NGT Act, creates a scenario that becomes inexplicable in the context of environmental matters.
CENTRE DEFENDS SEDITION LAW IN SC
The Central government, while defending the sedition law, has told the Supreme Court that instances of the abuse of IPC Section 124A) would never be a justification to reconsider a binding judgment of the
constitution bench. Centre has said the judgement in 1962 case of Kedar Nath Singh vs State of Bihar needs no reconsideration.