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Supreme Court of India

BHOPAL GAS PEEDITH MAHILA U.SANGAT.&ORS vs U.O.I on 9 August, 2012

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W.P.(C) No.-000050-000050 - 1998Official PDFBench Sarosh Homi Kapadia, Swatanter Kumar, Ananga Kumar PatnaikAdvocates NAVEEN R. NATH | ANIL KATIYAR
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.50 OF 1998
Bhopal Gas Peedith Mahila Udyog
Sangathan & Ors.Petitioners
Versus
Union of India & Ors.Respondents
WITH
IA NOS. 62-63 OF 2011
IN
CIVIL APPEAL NOS.3187 – 3188 OF 1988
O R D E R

38. Keeping in view the provisions and scheme of the National

Green Tribunal Act, 2010 (for short the ‘NGT Act’) particularly

Sections 14, 29, 30 and 38(5), it can safely be concluded that the

environmental issues and matters covered under the NGT Act,

Schedule 1 should be instituted and litigated before the National

Green Tribunal (for short ‘NGT’). Such approach may be

necessary to avoid likelihood of conflict of orders between the High

Courts and the NGT. Thus, in unambiguous terms, we direct that

all the matters instituted after coming into force of the NGT Act

and which are covered under the provisions of the NGT Act

and/or in Schedule I to the NGT Act shall stand transferred and

can be instituted only before the NGT. This will help in rendering

expeditious and specialized justice in the field of environment to

all concerned.

39. We find it imperative to place on record a caution for

consideration of the courts of competent jurisdiction that the

cases filed and pending prior to coming into force of the NGT Act,

involving questions of environmental laws and/or relating to any

of the seven statutes specified in Schedule I of the NGT Act,

should also be dealt with by the specialized tribunal, that is the

NGT, created under the provisions of the NGT Act. The Courts JUDGMENT may be well advised to direct transfer of such cases to the NGT in

its discretion, as it will be in the fitness of administration of

justice.

40. Normally, we would have even transferred this case to NGT.

However, as it does not involve any complex or other

environmental issues and primarily requires administrative

supervision for proper execution of the orders of the Courts, we

have considered it appropriate to transfer this case to the High

Court of Madhya Pradesh. We may notice that the supervisory

work concerns itself with regard to the proper functioning of the

various Committees, which were constituted under the orders of

the Court, to ensure proper running of the hospital established by

the government and health care facilities available to the Bhopal

Gas victims. Thus, the matter should be heard and supervisory

jurisdiction be exercised by the High Court to better serve the

ends of justice.

41. The Registry is directed to transmit the records of the Writ

Petition No. 50/1998 to the Madhya Pradesh High Court, Bench

at Jabalpur, forthwith and also send copies of this order to all

concerned quarters of the Union of India, the State of Madhya

Pradesh, the Monitoring Committee, the Advisory Committee, JUDGMENT ICMR, BMHRC and the NIREH for compliance of these directions

without delay and default.

(S.H. Kapadia)

(A.K. Patnaik)

(Swatanter Kumar) New Delhi August 09, 2012