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DIPANKAR DATTA, G. S. PATEL, M. S. SONAK
Goa Foundation, Through its Secretary – Appellant
Versus
National Green Tribunal, Principal Bench – Respondent
JUDGMENT :
G.S. Patel, J.
1. Rule. By consent, Rule is made returnable forthwith.
2. The matter was first listed before a Division Bench (Chief Justice and MS Sonak J) at the seat of the Bombay High Court at Porvorim, Goa on 5th August 2022. After outlining the issue, the Bench was of the view that the matter could be more advantageously be heard by a Full Bench of three Judges. Hence the present Full Bench, which took up the matter at the principal seat since all three of us were presently in Mumbai.
3. This Public Interest Writ Petition is filed by the Goa Foundation, an environment NGO based in Goa, and represented by Ms Alvares. Over several decades, the Goa Foundation has approached this court and the Supreme Court in the public interest, litigating questions regarding environmental protection in various forms. The members of the Petitioner are all Indian citizens. We are satisfied with the bona fides of the Petitioner, and, indeed, these are not questioned in the Writ Petition.
4. The Petition assails administrative notices dated 6th September 2021 (page 130), 4th January 2022
The National Green Tribunal must comply with principles of natural justice, ensuring parties have the opportunity to present their case before any adverse decisions are made.
Section 33 of the Act provides an overriding effect to the provisions of the Act over anything inconsistent contained in any other law or in any instrument having effect by virtue of law other than t....
The court emphasized the importance of adherence to the principles of natural justice and the right to be heard, especially in cases involving civil consequences, and highlighted the violation of the....
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The Chief Justice possesses broad discretionary powers to transfer cases between judicial benches, and such decisions do not undermine the integrity of any individual bench.
The territorial jurisdiction for hearing writ petitions under Article 227 is determined by the location of the original authority, not the appellate authority, as mandated by administrative rules.
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