Legal provisions involved: Section 14,19, and Section 2(1)(m) of the National Green Tribunal Act, 2010.

Judgement by: Supreme Court of India

Judge/Bench: Justice J.B. Pardiwala and Justice Sandeep Mehta

Facts

The case related to the construction of commercial buildings in Gurgaon, including Leela Ambience Hotel and Ambience Mall. There were allegations of illegal change in land use and violations of approved building plans. 

These land use issues were already being examined by the High Court since 2015. Even so, the National Green Tribunal took up the matter and passed orders affecting the construction. The builders then approached the Supreme Court.

Key legal provisions

Section 14,19, and Section 2(1)(m) of the National Green Tribunal Act, 2010.

Issues raised

 Can the NGT decide cases related to violations of building plans?

Arguments of the case

The appellants argued that building plan violations are not environmental matters and that the NGT had gone beyond its powers, especially when the issue was already pending before the High Court.

Judgement

The Supreme Court held that violations of sanctioned building plans do not fall under the NGT’s jurisdiction. It ruled that the NGT had exceeded its authority and stayed all NGT proceedings until the High Court decided the pending writ petitions.

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