In this original application, an applicant sought directions to set up a district headquarter. The National Green Tribunal held that the Tribunal lacks jurisdiction as no substantial environmental question was involved and the matter is exclusively administrative.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.02
Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.08/2024/EZ
IN THE MATTER OF:
Doi Tarak , Son of late Mardo Tarak, Residing at Village Kangku, P.O. & P.S.–Likabali, DistrictLower Siang, Arunachal Pradesh,
...Applicant(s)
Versus
1. Union of India ,
Service through the Secretary, Ministry of Environment, Forest & Climate Change, Government of India,
Indira Paryavaran Bhawan, Jorbagh Road,
New Delhi-110003,
2. Chief Secretary and Secretary to the Cabinet , Arunachal Pradesh,
Government of Arunachal Pradesh, Civil Secretariat, Itanagar, Pin - 791111,
3. Principal Secretary,
Environment, Forest and Climate Change (Arunachal Pradesh), PCCF Office Complex, Itanagar, Pin - 791111,
4. Principal Secretary ,
Home (Arunachal Pradesh), Civil Secretariat, Itanagar, Pin - 791111,
5. Deputy Commissioner ,
Lower Siang District, Government of Arunachal Pradesh, Deputy Commissioner Office, Likabali, Lower Siang District, Arunachal Pradesh, Pin - 791125,
6. Member Secretary,
Arunachal Pradesh State Pollution Control Board, Paryavaran Bhawan, Yupia Road, Arunachal Pradesh, Pin - 791110,
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7. District Land Revenue and Settlement Officer ,
Lower Siang District, Deputy Commissioner office Likabali Lower Siang District, Pin - 791125,
8. Divisional Forest Officer , Likabali Forest Division,
Pin – 791125,
9. State Environment Impact Assessment Authority (SEIAA), Through its Member Secretary, Department of Environment & Forest, PCCF Office Complex, Itanagar, P, Sector, Arunachal Pradesh, Pin - 791111,
10. National Board for Wildlife Secretary, through its Member Secretary, Indira Parayavaran Bhaban, Jorbagh Road, New Delhi -110003,
...Respondent(s)
Date of hearing: 05.02.2024
CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. S. Dutt, Advocate a/w Mr. Kushal Lal, Adv. & Mr. Saptarshi Dutt, Adv.
ORDER
And your applicant, as in duty bound shall ever pray.”
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3
referred to in sub-section (1) and settle such disputes and pass orders thereon.
..................................... B. Amit Sthalekar, JM
….......................................... Dr. Arun Kumar Verma, EM
February 05, 2024, Original Application No.08/2024/EZ AK
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3 issues framed by the court
Whether the National Green Tribunal has jurisdiction to entertain an application seeking directions for setting up a district headquarter.
Whether the Tribunal can issue directions to the government to establish a district headquarters without a substantial question of environment.
Whether the proposed relief is exclusive to the administrative domain of State authorities.
Doi Tarak
Union of India
Chief Secretary and Secretary to the Cabinet, Arunachal Pradesh
B. Amit Sthalekar
Arun Kumar Verma
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
