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2017 Supreme(SC) 958

MADAN B.LOKUR, DEEPAK GUPTA
Techi Tagi Tara – Appellant
Versus
Rajendra Singh Bhandari – Respondent


JUDGMENT

Madan B. Lokur, J.

1. This batch of appeals is directed against the judgment and order dated 24th August, 2016 passed by the National Green Tribunal, Principal Bench, New Delhi (for short ‘the NGT’) in Original Application No. 318 of 2013, Rajendra Singh Bhandari v. State of Uttarakhand and others. On a reading of the judgment and order passed by the NGT, it is quite clear that the Tribunal was perturbed and anguished that some persons appointed to the State Pollution Control Boards (for short ‘SPCBs’) did not have, according to the NGT, the necessary expertise or qualifications to be members or chairpersons of such high powered and specialized statutory bodies and therefore did not deserve their appointment or nomination. While we fully commiserate with the NGT and share the pain and anguish, we are of the view that the Tribunal has, at law, exceeded its jurisdiction in directing the State Governments to reconsider the appointments and in laying down guidelines for appointment to the SPCBs, however well-meaning they might be. Therefore, we set aside the decision of the NGT, but note that a large number of disconcerting facts have been brought out in the judgment which nee














































































































































































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