The writ filed before the Madras High Court by K Saravanan against the bench of Delhi, on its action of transferring the case to Delhi Bench as the decision in that case would affect the all over India.

MADRAS HIGH COURT quashed the notification passed by Central government in 2017 that the National Green Tribunal Bench of Delhi is the principal bench.

The court observed that all the zonal benches of national green tribunal are equal and the Delhi zone bench is not superior to the other bench. Decision passed by each bench is of equally applicable and important.

Justice N Kirubakaran wrote that the National Green Tribunal act, 2010 doesn’t speak about the concept of principal bench. So this concept is contrary to the act. Vesting all the power in the zonal bench of Delhi is not propounded in the statute anywhere. It just contemplate that Delhi is the zone where all the power is concentrated.

The court granted stay on the order of transferring of case to the bench of Delhi. If this practice will be allowed than the justice is delayed and not accessible to everyone. The five zonal (i.e., north, west, central, south and east) benches constituted so that everyone can approach them if there is any issue in their respective jurisdictional area.

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