Gujarat High Court urges Centre to consider establishing NGT Circuit Bench at Ahmedabad

The Gujarat High Court requested the Central government and the Chairperson of the National Green Tribunal (NGT) to consider establishing a Circuit Bench at Ahmedabad in larger public interest (Consumer Protection and Analytic Committee v. Union of India)..The Bench of Justices JB Pardiwala and Vaibhavi D Nanavati observed that it will be in the fitness of things if a circuit bench is established in Ahmedabad..The Court was hearing a Public Interest Litigation (PIL) filed by an organisation that claimed to be functioning for the welfare of consumers. The relevant prayer sought a direction to the Centre to establish an NGT Bench in the State..It was stated that the NGT had Circuit Benches at Jodhpur, Shimla and Shillong. The petitioner called for a Bench to be established at Ahmedabad since any litigation relating to the environment in Gujarat falling under the National Green Tribunal Act, 2010 had to be taken to Pune, which was approximately 700 km away. Therefore, it was very difficult for the people of Gujarat to travel all the way and engage lawyers..Counsel for the applicant relied on the judgment of the Supreme Court in Subhash Kumar v. State of Bihar, which said that the right to life under Article 21 included the right to free water and pollution free air for the full enjoyment of life.“In other words, Article 21 of the Constitution of India includes the right to a healthy environment. The Supreme Court has held that Article 21 includes “the enjoyment of pollutant free water and air for full enjoyment of life.”It was argued that a poor tribal person seeking to raise environmental issues may find it difficult to travel such long distances and engage an advocate to fight for their cause.Further relying on the case of Swiss Ribbons v. Union of India, it was submitted that the criteria followed for the NGT should not vary greatly from those pertaining to the National Company Law Appellate Tribunal when it came to establishing Circuit Benches..The main question that arose for consideration before the Division Bench was whether the relief sought in the case was in the larger public interest. Answering in the affirmative, the Court requested the Union and NGT to consider the issue..Advocates Masoom K Shah and Mohini K Shah appeared for the applicant. Additional Solicitor General Devang Vyas represented the Centre, whereas Advocate Nachiket Dave appeared for the NGT and Advocate Chintan Dave appeared for the State..[Read order here]