Adarsh case should be heard by green tribunal, says HC

The Bombay High Court yesterday said that all cases involving environment law should automatically be transferred to the National Green Tribunal (NGT) set up by the Supreme Court, including the case of the controversial Adarsh Housing Society in Mumbai, as the Supreme Court has given directions to this effect.

This observation was made by a division bench of Justices D D Sinha and K K Tated while hearing a plea made by the society of the plush 31-storey building in upmarket Colaba, seeking transfer of its petition challenging the demolition order passed against it by the union ministry of environment and Forest (MoEF) to the NGT. The union government has opposed this plea.

This however is not the court's final verdict – it will hear the government's side on 18 December before passing an order.

The society has based its plea on a direction given by the Supreme Court while hearing the 1984 Bhopal gas disaster case that all cases which question the provisions of environment laws should be heard by the NGT. "If there is a direction of the apex court then it (Adarsh case) automatically stands transferred. Why should we pass an order to that effect?" Justice Sinha said.

Advocate Som Sinha, appearing for the union government, however, told the court that the MoEF was opposing the society's plea of transfer and that the high court should first hear its arguments before transferring the case to the NGT.

Agreeing to hear the union government on the issue, the bench said, "We will hear you (MoEF). We will not adjudicate the matter."