TRIBUNALS LIKE NGT IS SUBORDINATE TO HCs - SC

The Top Court observed that a Tribunal like the National Green Tribunal (NGT) is subordinate to High Courts. 

In this instant case, the State was operating a resort in RushiKonda hill near Visakhapatnam. The resort was demolished to rebuild at the same place with additional facilities. A writ petition was filed before the Andhra Pradesh High Court against the construction. The HC passed an interim order allowing the construction. However, the NGT took cognizance of the matter after it received a letter from a Member of Parliament. The NGT initiated the proceeding and ordered the State to refrain from making any further constructions.

The State challenged the proceeding of the Tribunal before the Apex Court. It contended that the HC had already passed an interim order in the matter, and hence, the NGT should not be allowed to entertain the same cause of action.

The bench observed that it was not appropriate for the NGT to have continued with the matter. The Court, therefore, quashed the proceeding initiated before the NGT and allowed the parties to move to the HC for appropriate directions. The bench further clarified that the State would only construct in the area where the construction already existed until the HC considers the issue.