Supreme Court's Diktat On Powers Of The NGT: Can Developers Finally Rest Easy? – Part 2

The first part of this two-part blog discussed the facts that led to the filing of appeals before the Supreme Court challenging the NGT's judgment dated May 4, 2016 and certain key issues discussed by the Supreme Court in its Judgment disposing of these appeals. In this piece, the second part of the two-part blog, we discuss other significant issues that have been dealt with in the Judgment and analyse the findings to deduce the reasoning employed by the Supreme Court in reaching its decision.

Overriding effect of the NGT Act:

• The Supreme Court has also provided a finding on whether the NGT can issue directions which modify/amend state legislation. In the present case, arguments were advanced on the jurisdictional powers of the NGT by the learned Advocate General, Mr. Uday Holla, appearing on behalf of the State of Karnataka in a connected appeal.