The National Green Tribunal has disposed of a petition concerning land use, a railway laundry and a private contractor’s tender on railway land in Jaipur, ruling that the dispute did not raise a substantial environmental question within its jurisdiction.
The order was passed by a bench comprising Justice Sheo Kumar Singh, judicial member, and Sudhir Kumar Chaturvedi, expert member. The copy of the order was uploaded on Wednesday after the bench heard a petition filed by Puru Sharma.
The petition challenged issues relating to the use of railway land, the operation of a laundry and the allotment of a tender to a private contractor. The tribunal held that questions concerning master plans, land use and tender allotment do not fall within the NGT’s jurisdiction unless they involve a substantial environmental question arising from the implementation of an enactment listed in Schedule I of the National Green Tribunal Act, 2010.
The tribunal relied on Supreme Court judgments in Raj Singh Gehlot & Ors. vs Amitabha Sen & Ors. and Auroville Foundation vs Navroz Kersasp Mody. The rulings state that disputes involving land use, zoning regulations and town-planning compliance cannot be brought before the NGT merely by presenting them as environmental concerns. An applicant must specifically establish that a substantial environmental question arises from the implementation of a Schedule I law.
The NGT said it could not intervene in or modify administrative land allotment orders, or decide disputes relating to land title, change of land use, building plans, de-licensing or municipal zoning. According to the order, such grievances must be pursued before the competent civil, revenue or other authorities.
On the railway track involved in the Jaipur matter, the bench noted that it had been established before 1956. It held that the contentions raised by the applicant were beyond the scope of Schedule I of the NGT Act and disposed of the application on that basis.
The tribunal, however, clarified that its decision did not prevent the Rajasthan State Pollution Control Board from taking action if environmental violations were found. It directed the state pollution control board to act in accordance with law and take remedial measures in view of notices that had already been issued by the board.
The order therefore separates the land-use and administrative questions from any environmental violations that may be established by the state pollution control authorities. The application was disposed of with these observations.
