Tribunals Subordinate to High Courts: Supreme Court

On 1st June, 2022, the Supreme Court (SC) set aside a National Green Tribunal (NGT) order prohibiting construction work at Rushikonda hills in Visakhapatnam.

SC’s Observation: The Bench noted that the NGT was subordinate to the High Court in so far as territorial jurisdiction was concerned.

  • The conflicting orders passed by the NGT and the high court will lead to an anomalous situation.
  • In such a case, orders from the Constitutional court will prevail over statutory tribunals. Thus the continuation of proceedings before the NGT for the same which is also seized with the high court cause of action cannot proceed in interest of justice.
  • However, the need for development should be balanced with the need to preserve and protect the environment for future generations.