NGT Cannot Decide Disputes Relating to Building Plan Violations

Source: Supreme Court 

Why in News? 

The bench of Justices JB Pardiwala and Sandeep Mehta in the case of Raj Singh Gehlot & Ors. v. Amitabha Sen & Ors. (2025) held that the National Green Tribunal (NGT) cannot adjudicate disputes which are essentially related to land use, zoning regulations, and town-planning compliance, even if such disputes are projected as environmental concerns. 

What was the Background of Raj Singh Gehlot & Ors. v. Amitabha Sen & Ors. (2025) Case? 

• The case involved a batch of Special Leave Petitions concerning the Ambience Lagoon Island project in Gurugram. 
• Allegations were made that commercial constructions had been raised on land originally licensed for residential use. 
• The dispute was projected as having environmental implications. 
• Acting on these claims, the NGT passed interim orders imposing environmental compensation. 
• The NGT constituted expert committees to assess alleged violations. 
• One expert committee (Joint Expert Committee) recommended massive penalties including: 
  • A fine of Rs. 138.83 crores. 
  • Rs. 10.33 crores as environmental compensation. 
  • Withholding 25–50% of profits from the developers. 
  • Possible demolition of certain structures in the commercial complex. 
• The core dispute concerned the legality of de-licensing and the permissibility of commercial use of the land under town-planning laws. 
• Connected proceedings regarding these issues were already pending before the Punjab and Haryana High Court. 
• The appellant-Ambience Developers challenged the NGT's jurisdiction to entertain the matter. 

What were the Court's Observations? 

• The Court found that the core dispute was not environmental degradation but the legality of de-licensing and the permissibility of commercial use of the land under town-planning laws. 
• The bench observed that "The dispute relating to the non-adherence of the building plans qua the open and green spaces... the issue of environment was not a substantial question before the NGT thereby justifying its invocation of jurisdiction by the NGT in this matter. Rather, the present matter involved disputed claims of the parties in relation to irregularities in utilisation of the land belonging to the appellant-Ambence Developers in developing the residential colony." 
• The Court reaffirmed that where the dispute essentially concerns land use, zoning, building plan approvals, and town-planning compliance, it falls outside the NGT's jurisdiction under Section 14 of the NGT Act, 2010. 
• The Court kept the proceedings pending before NGT in abeyance till the disposal of the pending case before the High Court. 
• The Court directed that the order passed by the NGT directing the formation of the Joint Expert Committee, which recommended the imposition of massive fines and penalties, shall not be acted upon for now. 

What is the National Green Tribunal (NGT)? 

About:  

• It is a specialised body set up under the National Green Tribunal Act, 2010 (NGT Act) for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. 
• With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so. 
• NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same. 
• The NGT has five places of sittings, New Delhi is the Principal place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four. 

Structure of NGT: 

• Composition:  
  • The Tribunal comprises of the Chairperson, the Judicial Members and Expert Members. They shall hold office for term of three years or till the age of sixty-five years, whichever is earlier and are not eligible for reappointment.  
• Appointment:  
  • The Chairperson is appointed by the Central Government in consultation with Chief Justice of India (CJI). 
  • A Selection Committee shall be formed by central government to appoint the Judicial Members and Expert Members. 
• Strength:  
  • There are to be least 10 and maximum 20 full time Judicial members and Expert Members in the tribunal. 

Powers & Jurisdiction: 

• Regulation: 
  • Section 19 of the NGT Act, 2010 gives power to NGT to regulate its own procedure. 
• Jurisdiction Over Civil Cases:  
  • The Tribunal has jurisdiction over all civil cases involving substantial question relating to environment (including enforcement of any legal right relating to environment). 
  • In October 2021, the Supreme Court declared the NGT’s position as a “unique” forum endowed with suo motu (on its own motion) powers to take up environmental issues across the country. 
• Appellate Jurisdiction:  
  • Being a statutory adjudicatory body like Courts, apart from original jurisdiction side on filing of an application, NGT also has appellate jurisdiction to hear appeal as a Court (Tribunal). 
• Natural Justice:  
  • The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure 1908, (CPC) and Indian Evidence Act, 1872 (IEA) but shall be guided by principles of 'natural justice'. 
• Polluter Pays Principle: 
  • While passing any order/decision/ award, it shall apply the principles of sustainable development, the precautionary principle and the polluter pays principle. 
• Power:  
  • Relief and compensation to the victims of pollution and other environmental damage (including accident occurring while handling any hazardous substance), 
  • For restitution of property damaged, and 
  • For restitution of the environment for such area or areas, as the Tribunal may think fit. 
  • An order/decision/award of Tribunal is executable as a decree of a civil court. 
• Penalties:  
  • Imprisonment for a term which may extend to three years, 
  • Fine which may extend to ten crore rupees, and 
  • Both fine and imprisonment. 
• Appeal:  
  • An appeal against order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of communication. 
• Major Laws: 
  • The Water (Prevention and Control of Pollution) Act, 1974, 
  • The Water (Prevention and Control of Pollution) Cess Act, 1977, 
  • The Forest (Conservation) Act, 1980, 
  • The Air (Prevention and Control of Pollution) Act, 1981, 
  • The Environment (Protection) Act, 1986, 
  • The Public Liability Insurance Act, 1991 and 
  • The Biological Diversity Act, 2002. 
  • Any violation pertaining to these laws or any decision taken by the Government under these laws can be challenged before the NGT.