An advocate recently wrote a letter to Chief Justice of India DY Chandrachud urging him to constitute dedicated and permanent green benches in all high courts for speedy and effective adjudication of environment related matters.
Akash Vashishtha, advocate and environment activist stated that the country is witnessing never-before climate disasters and experiencing increasing massive ecological assaults. The lawyer pointed out that though the National Green Tribunal has evolved as an effective and efficacious forum for the settlement of disputes, the inherent limitations of the National Green Tribunal Act, 2010, have been major hurdles for the citizens in seeking environmental justice.
The letter sent to Chief Justice DY Chandrachud stated that as against a remedy under the National Green Tribunal Act, 2010, a remedy under Article 226 of the Constitution of India before a High Court is an all-encompassing recourse, enabling citizens, as victims, to seek compensation for the environmental wrongs committed in rem as well as in personam.
Furthermore, the lawyer stated that it is the critical need of the hour to set up a speedy and effective mechanism for a permanent, dedicated and robust resolution of environment, ecology and climate change issues in every high court of the country. He urged the Chief Justice of India to constitute dedicated and permanent, one or more green benches on the lines of that in the apex court, in all 25 high courts in the country.
The letter further underlined that the number of green benches in each high court may be in accordance with the number of courts functioning in that respective high court, and the numerical strength of the judges, thereof, and the population of the states under the territorial jurisdiction of that high court.
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