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