NGT told not to meddle with climate change
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03/04/2015
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Pioneer (New Delhi)
The Ministry of Environment, Forest and Climate Change has told the National Green Tribunal (NGT) to keep away from matters of climate change as it is a subject of international conventions and protocols and does not lie in the ambit of Section 14 of the National Green Tribunal Act.
In an affidavit filed in the NGT, the Environment Ministry said that the Centre is a signatory to the United Nations Framework Convention on Climate Change (UNFCCC) and Kyoto protocol. Hence, any statutory obligation on the Environment Ministry regarding the issue of climate change does not arise out of the enactments listed under Schedule 1 of NGT Act, the affidavit filed by by Sachidananda Satapathy, Director, Environment Ministry, maintained.
“It is submitted that the progress of national missions under the National Action Plan on Climate Change (NAPCC) is being reviewed by the Executive Committee on Climate Change under the chairmanship of Principal Secretary to the Prime Minister,” said the affidavit f urther. The affidavit was in response to a petition filed by advocate Gaurav Kumar Bansal seeking direction and relevant materials and documents related to steps taken by Centre and states in order to implement NAPCC.
His plea stated that there is a conflict of interest between the central government and various states of the country and because of the same an important plan like NAPCC has failed to get implemented in its true letter and spirit. According to Section 14 of the NGT Act, the Tribunal has the jurisdiction over all civil cases where a substantial question relating to environment is involved. Such questions arise out of implementation of enactments specified in Schedule 1 of the Act.
The seven enactments under Schedule 1 of the NGT Act include, Forest (Conservation) Act, Environment Protection Act, Water Act, Water Cess Act and Air (Prevention and Control of Pollution Act).