Supreme Court Sets Aside NGT's Judgment Delegating Its Adjudication Function To Expert Committees

The Supreme Court of India has held¹ that the National Green Tribunal ("NGT") cannot delegate its adjudicatory powers under the National Green Tribunal Act, 2010 ("NGT Act") to an expert committee constituted by it. In its judgment, the Supreme Court also emphasised that the NGT Act empowers the NGT to adjudicate on substantial questions relating to environment, and that the NGT has sufficient expertise to adjudicate on these issues.

Facts of the case:

The Supreme Court was considering an appeal against a judgment passed by the NGT. In its judgment, NGT had dismissed an application concerning the issue of dumping of unsegregated and untreated municipal solid waste at an open landfill site in Surat, Gujarat. The applicant alleged, inter alia, that the dumping of waste in the open area without prior treatment was in violation of various environmental legislations. Such disposal is also resulting in irreversible contamination of local water bodies and ground water