A complainant alleged corruption and criminal breach of trust by specific entities and State officials, seeking a CBI enquiry. The Tribunal held that these allegations did not involve a substantial environmental question under the NGT Act.
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.
Court No. 2
Item No. 04
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No. 756/2024
Brahmanand Tiwari Applicant
Versus
State of Maharashtra Respondent
Date of hearing: 05.08.2024
CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None Respondents: None
ORDER
1
(hereinafter referred to as ‘ NGT Act, 2010’ ) is confined to adjudicate substantial question relating to environment which has arisen out of implementation of enactments mentioned in Schedule I of NGT Act, 2010. Fugitive Economic Offenders Act, 2018 or provisions of Indian Penal Code or Prevention of Corruption Act, 1988 are not the statutes mentioned in the said Schedule.
Sudhir Agarwal, JM
Dr. Afroz Ahmad, EM
August 05, 2024 Original Application No. 756/2024 AB
2
3 issues framed by the court
Whether the Tribunal has jurisdiction to direct a CBI enquiry into allegations of corruption and criminal breach of trust not involving substantive environmental questions.
Whether a matter involving the Fugitive Economic Offenders Act and IPC falls within the substantive jurisdiction of the National Green Tribunal.
Whether the Tribunal can exercise suo-moto jurisdiction to adjudicate complaints solely alleging corruption without an environmental nexus.
2 provisions across 1 enactments
Brahmanand Tiwari
State of Maharashtra
Sudhir Agarwal
Dr. Afroz Ahmad
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
