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Supreme Court of India 2021-10-07 allowed

MUNICIPAL CORPORATION OF GREATER MUMBAI vs ANKITA SINHA & ORS

Bench: 3 — A.M. Khanwilkar, Hrishikesh Roy, C.T. Ravikumar

In Brief

The Supreme Court held that the National Green Tribunal (NGT), a specialized environmental forum, possesses suo motu jurisdiction to initiate proceedings on environmental matters within its statutory domain without waiting for an application or complaint. Rejecting arguments that the NGT is merely a creature of statute limited to adjudicatory roles, the Court recognized the NGT as a sui generis institution with preventive, remedial, and ameliorative functions rooted in environmental justice principles and Article 21 rights. The Court found that while express suo motu language is absent, purposive interpretation of the NGT Act—read in light of its legislative history, international environmental obligations, and the precautionary principle—supports self-activating powers. However, suo motu action is confined to environmental matters within the NGT's scheduled enactments and remains subject to natural justice safeguards and appellate review.

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Environmental Law Administrative Law Jurisdiction Tribunal Powers Public Interest Litigation Statutory Interpretation

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