TMI Blog2021 (10) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... ater resources, reduce agricultural yields and impact public health, particularly in the cities. The flooding and erosion in riverine and coastal areas are matters of serious concern - It is vital for the wellbeing of the nation and its people, to have a flexible mechanism to address all issues pertaining to environmental damage and resultant climate change so that we can leave behind a better environmental legacy, for our children, and the generations thereafter. The NGT, with the distinct role envisaged for it, can hardly afford to remain a mute spectator when no-one knocks on its door. The forum itself has correctly identified the need for collective stratagem for addressing environmental concerns. Such a society centric approach must be allowed to work within the established safety valves of the principles of natural justice and appeal to the Supreme Court. The hands-off mode for the NGT, when faced with exigencies requiring immediate and effective response, would debilitate the forum from discharging its responsibility and this must be ruled out in the interest of justice. Institutions which are often addressing urgent concerns gain little from procedural nitpicking, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noticed an article titled Garbage Gangs of Deonar: The Kingpins and Their Multi-Crore Trade in the online news portal, The Quint. The article spoke of how mismanagement of solid waste had an adverse impact on the environment, public health and lives of individuals living in the vicinity of the dumping ground in Mumbai city. 4. The NGT took suo motu cognizance of the above article vide order dated 07.08.2018 and directed that the article writer Ankita Sinha be the applicant in the case OA No. 510 of 2018, registered at the NGT s instance. Thereafter, steps were taken for inspection of the Deonar Dumping site by the representative of the Central Pollution Control Board, Maharashtra Pollution Control Board, the District Collector of the area and also the representative of the Municipal Corporation of Greater Mumbai (for short the MCGM ). Pursuant to the Report of the inspecting team which highlighted that the landfill site failed to comply with the provisions of the Solid Waste Management Rules, 2016, the NGT vide order dated 30.10.2018 noted that damage to the environment and public health is self-evident and ordered MCGM to pay compensation to the tune of ₹ 5 crores. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is incapable of triggering action on its own. In other words, the NGT cannot act suo motu without someone moving the Forum as otherwise the forum then would be perceived to be judging its own cause. Since suo motu power is not conferred under the NGT Act, the specialized tribunal has to be moved by an outside party. But the format of the application is not important and even a letter addressed by an interested party, will clothe the NGT with power to take action is the concessional submission of Mr. Grover. 9. Representing the Central Government, Ms. Aishwarya Bhati, the learned Additional Solicitor General of India submitted that Suo Motu power is not exercisable by the NGT since the same has not been conferred on the forum under the NGT Act, unlike the situation in the now repealed National Environment Tribunal Act, 1995 (hereinafter referred to as the NET Act ). The counsel refers to the provisions of the NGT Act and submits that the concept of locus standi was expanded for NGT s intervention under Section 18(2)(e) but the tribunal is not vested with suo motu power to take action on its own unlike the High Courts and the Supreme Court. The learned ASG, however, submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... second limb of contention is that the Act is applicable to disputes as, necessarily referring to a lis between two parties. The counsel has relied upon Techi Tagi Tara Vs. Rajendra Singh Bhandari Ors. (2018) 11 SCC 734 wherein the term substantial question relating to environment was interpreted in an attenuated fashion to mean a question arising as part of a dispute. The submission therefore is that a dispute must necessitate a claimant or an applicant. Further, this dispute must also be capable of settlement by the NGT. In the cited case the proposition is articulated in the following fashion, 19. On a combined reading of all these provisions, it is clear to us that there must be a substantial question relating to the environment and that question must arise in a dispute - it should not be an academic question. There must also be a claimant raising that dispute which dispute is capable of settlement by the NGT by the grant of some relief which could be in the nature of compensation or restitution of property damaged or restitution of the environment and any other incidental or ancillary relief connected therewith. 20. ...In Prabhakar v. Deptt. of Sericulture [Pra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority of India Act, 1997, in that appeals are against the orders, decisions, directions, or determinations made under the various Acts mentioned in Section 16. It is clear, therefore, that under the NGT Act, the Tribunal exercising appellate jurisdiction cannot strike down rules or regulations made under this Act. Therefore, it would be fallacious to state that the Tribunal has powers of judicial review akin to that of a High Court exercising constitutional powers under Article 226 of the Constitution of India. We must never forget the distinction between a superior court of record and courts of limited jurisdiction that was, in the felicitous language of Gajendragadkar, C.J., in Powers, Privileges and Immunities of State Legislatures, In re [Powers, Privileges and Immunities of State Legislatures, In re, (1965) 1 SCR 413 : AIR 1965 SC 745] , made in the following words: (SCR p. 499: AIR p. 789, para 138) 138. We ought to make it clear that we are dealing with the question of jurisdiction and are not concerned with the propriety or reasonableness of the exercise of such jurisdiction. Besides, in the case of a superior court of record, it is for the court to consider whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spousing the case for the creation of a specialized Court to deal with environmental issues:- It is true that the High Court and Supreme Court have been taking up these and other complex environmental issues and deciding them. But, though they are judicial bodies, they do not have an independent statutory panel of environmental scientists to help and advise them on a permanent basis. They are prone to apply principles like the Wednesbury Principle and refuse to go into the merits. They do not also make spot inspections or receive oral evidence to see for themselves the facts as they exist on ground. On the other hand, if Environmental Courts are established in each State, these Courts can make spot inspections and receive oral evidence. They can receive independent advice on scientific matters by a panel of scientists. These Environmental Courts need not be Courts of exclusive jurisdiction. However, the High Courts, even if they are approached under Art. 226 either in individual cases or in PIL cases, where orders of environmental authorities could be questioned, may refuse to intervene on the ground that there is an effective alternative remedy before the speciali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the writ jurisdiction of High Courts as held in L. Chandra Kumar vs. Union of India, 1997 (3) SCC 261. No doubt, the Environment Court exercising powers of a Civil Court or as an appellate Court in civil jurisdiction, may be technically amenable to writ jurisdiction of the High Court but inasmuch as we are providing an appeal to the Supreme Court, the High Courts may decline to interfere on the ground that there is an effective alternative remedy of appeal on law and fact to the Supreme Court, as explained later in this Chapter. Chapter II, 186th Law Commission Report Thus, the power of judicial review was omitted to ensure avoidance of High Courts interference with the Tribunal s orders by way of a mid-way scrutiny by the High Court, before the matter travels to the Supreme Court where NGT s orders can be challenged. The streamlining of the mechanism was to arrest the growing tide of litigation before High Courts and the Supreme Court and shift such issues to the domain of the NGT. 13.5 This is how the proposed forum was made free from the rules of evidence and the NGT was permitted to lay down its own procedure to entertain oral and documentary evidence, consul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the Law Commission of India to consider the need for constitution of specialized environmental courts. Pursuant to the same, the Law Commission has recommended the setting up of environmental courts having both original and appellate jurisdiction relating to environmental laws. 6. In view of the foregoing paragraphs, a need has been felt to establish a specialized tribunal to handle the multidisciplinary issues involved in environmental cases. Accordingly, it has been decided to enact a law to provide for the establishment of the National Green Tribunal for effective and expeditious disposal of civil cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment. 14.2 A reading of the Statement of Objects and Reasons shows that paragraph 4 thereof refers to the National Environmental Tribunal Act, 1995 (NET) which provided for strict liability and damages arising out of accidents occurring while handling hazardous substances. In the same context it was observed that the NET had a very limited and narrow mandate and jurisdiction. Thereafter, in Para 5 it has been recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate conferred on the earlier forum i.e. the NET and the narrow scope of jurisdiction of the National Environment Appellate Authority along with the involvement of multi-disciplinary issues arising in environmental cases, were intended to be addressed through the constitution of the NGT. III. THE NEED FOR PURPOSIVE INTERPRETATION 15.1 While adequate clarity is discernible in the phraseology that is employed under Section 14 and other provisions of the NGT Act, as shall be discussed in later parts of the judgement, the intention behind the statute should receive our careful attention. Tracing the legislative history for creation of the NGT it is seen that the NGT is intended to address wide ranging societal concerns and these have prompted us to opt for purposive interpretation. The Statue will have to be read in its entirety and each provision of the Act must be given its due meaning by comprehending the mischief it intends to remedy. The chosen interpretive exercise is best understood from the treatise Interpretation of Statutes, authored by Justice G.P. Singh who explained thus, When the question arises as to the meaning of certain provision in statute, it is not onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion brought to bear for the solution of that problem must be devoted to that end alone. ... Judge Learned Hand speaks of the art of interpretation as the proliferation of purpose . 47 Columbia Law Review 527 Eventually, Justice Frankfurter relied upon Justice Benjamin Cardozo s phraseology in Panama Refining Co. Vs. Ryan, and the same is taken as a lodestar in our quest, the meaning of a statute is to be looked for, not in any single section, but in all the parts together and in their relation to the end in view 293 U.S. 388 (1935) (dissenting) . 15.6 The laudatory objectives for creation of the NGT would implore us to adopt such an interpretive process which will achieve the legislative purpose and will eschew procedural impediment or so to say incapacity. The precedents of this Court, suggest a construction which fulfills the object of the Act. Sarah Mathew v. Institute of Cardio Vascular Diseases (2014) 2 SCC 62, New India Assurance Co. Ltd. Vs. Nusli Neville Wadia (2008) 3 SCC 279 The choice for this Court would be to lean towards the interpretation that would allow fructification of the legislative intention and is forward looking. The provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 25, the Tribunal can execute its order/decision as a decree of the Civil Court and for that purpose shall have all the powers of a Civil Court. Section 29 bars the jurisdiction of the Civil Court to entertain all environmental matters covered by the Tribunal. Under Section 33, the NGT Act has an overriding effect over other laws. 16.2 While on the statutory provisions, it is seen that the Central Government has framed the National Green Tribunal (Practice Procedure) Rules, 2011 (for short the NGT Rules ). For our purpose, Rule 24 is important which reads thus: 24. Order and directions in certain cases The Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to its order or to prevent abuse of its process or to secure the ends of justice. 16.3 The said Rules make it clear that the NGT has been given wide discretionary powers to secure the ends of justice. This power is coupled with the duty to be exercised for achieving the objectives. The intention understandably being to preserve and protect the environment and the matters connected thereto. 16.4 By choosing to employ a phrase of wide import, i.e. secure the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Conservation Act etc. As one looks at these enactments, an expanded role for the NGT is clearly discernible. The activities of the NGT are not only geared towards the protection of the environment but also to ensure that the developments do not cause serious and irreparable damage to the ecology and the environment. These would suggest a broad canvas for the NGT Act as also its creation. 17.3 For the environmental forum, tasked with implementation of the statutes mentioned in Schedule I of the NGT Act, the concept of lis, would obviously be beyond the usual understanding in civil cases where there is a party (whether private or government) disturbing the environment and the other one (could be an individual, a body or the government itself), who has concern for the protection of environment. Therefore, the NGT is primarily concerned with protection of the environment and also preservation of the natural resources. As the specialized forum, the NGT would be expected to take preventive action, besides settling and adjudicating disputes and pass orders on all environment related questions. 17.4 The NGT is not just an adjudicatory body but has to perform wider functions in the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncluded that the environmental issues and matters covered under the NGT Act, Schedule I should be instituted and litigated before the National Green Tribunal (for short NGT ). Such approach may be necessary to avoid likelihood of conflict of orders between the High Courts and NGT. Thus, in unambiguous terms, we direct that all the matters instituted after coming into force of the NGT Act and which are covered under the provisions of the NGT Act and/or in Schedule I to the NGT Act shall stand transferred and can be instituted only before NGT. This will help in rendering expeditious and specialised justice in the field of environment to all concerned. 41. We find it imperative to place on record a caution for consideration of the courts of competent jurisdiction that the cases filed and pending prior to coming into force of the NGT Act, involving questions of environmental laws and/or relating to any of the seven statutes specified in Schedule I of the NGT Act, should also be dealt with by the specialised tribunal, that is, NGT, created under the provisions of the NGT Act. The courts may be well advised to direct transfer of such cases to NGT in its discretion, as it will be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation that is in favour of conferring jurisdiction should be preferred rather than one taking away jurisdiction. It was specifically noted that, 46. ... As stated supra the typical nature of the Tribunal, its breadth of powers as provided under the statutory provisions of the Act as well as the Scheduled enactments, cumulatively, leaves no manner of doubt that the only tenable interpretation to these provisions would be to read the provisions broadly in favour of cloaking the Tribunal with effective authority. An interpretation that is in favour of conferring jurisdiction should be preferred rather than one taking away jurisdiction. 21.4 Such being the wide contour of the NGT s powers, the exposition in Rajeev Suri vs. DDA 2021 SCC Online SC 7 was not to constrict the suo motu powers of the NGT. To appreciate the implication of the ratio in Rajeev Suri, it must be noticed that it was in the specific context of Merits Review and the NGT transgressing beyond its environmental mandate. This is why, one of us, Justice A.M. Khanwilkar observed that, 503. NGT is not a plenary body with inherent powers to address concerns of a residuary character. It is a statutory body ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 22.2 The ideal was to create a fairly proactive and responsive Institution which could step into varying roles, as the situation demanded. Commenting on the specialized and unique role of the NGT, Justice Ashok Bhushan in State of Meghalaya vs. All Dimasa Students Union (2019) 8 SCC 177 , fittingly observed thus:- 163. The object for which the said power is given is not far to seek. To fulfil the objective of the NGT Act, 2010, NGT has to exercise a wide range of jurisdiction and has to possess wide range of powers to do justice in a given case. The power is given to exercise for the benefit of those who have right for clean environment which right they have to establish before the Tribunal. The power given to the Tribunal is coupled with duty to exercise such powers for achieving the objects. In this regard reference is made to the judgment of this Court in L. Hirday Narain v. CIT [L. Hirday Narain v. CIT, (1970) 2 SCC 355] , wherein this Court was examining provision empowering authority to do something. This Court laid down in para 14: (SCC p. 359) 14. The High Court observed that under Section 35 of the Indian Income Tax Act, 1922, the jurisdiction of the Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns formulated by compacting nations do not cover any area territorially or any subject topically, then the body to which such power to arbiter is entrusted acts sui generis, that is, on its own and not under any law. 24.2 In DG NHAI vs. Aam Aadmi Lokmanch 2020 SCC Online SC 572, Justice S. Ravindra Bhat commenting on the sui generis role of the NGT, so appropriately stated as follows:- 38. A conjoint reading of Sections 14, 15 and the Schedules would lead one to infer that the NGT has circumscribed jurisdiction to deal with, adjudicate, and wherever needed, direct measures such as payment of compensation, or make restitutionary directions in cases where the violation (i.e. harm caused due to pollution or exposure to hazards, etc.) are the result of infraction of any enactment listed in the first schedule. Yet, that, interpretation, in the opinion of this court, is not warranted. **** **** **** **** **** **** **** **** 76. The power and jurisdiction of the NGT under Sections 15(1)(b) and (c) are not restitutionary, in the sense of restoring the environment to the position it was before the practise impugned, or before the incident occurred. The NGT's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xercise. IX. AUTHORITY WITH SELF-ACTIVATING CAPABILITY 25.1 Given the multifarious role envisaged for the NGT and the purposive interpretation which ought to be given to the statutory provisions, it would be fitting to regard the NGT as having the mechanism to set in motion all necessary functions within its domain and this, as would follow from the discussion below, should necessarily clothe it with the authority to take suo motu cognizance of matters, for effective discharge of its mandate. 25.2 The analysis for this segment should commence with Section 14 of the NGT Act and the same being of great relevance is being extracted hereunder, 14. Tribunal to settle disputes. - (1) The Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I. (2) The Tribunal shall hear the disputes arising from the questions referred to in sub-section (1) and settle such disputes and pass order thereon. (3) No application for adjudication of dispute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e arena of NGT s functioning. 25.5 The other pertinent provisions relating to, inter-alia, jurisdiction, interim orders, payment of compensation and review, do not require any application or appeal, for the NGT to pass necessary orders. These crucial powers are expected to be exercised by the NGT, would logically suggest that the action/orders of the NGT need not always involve any application or appeal. To hold otherwise would not only reduce its effectiveness but would also defeat the legal mandate given to the forum. 25.6 It may also be relevant to bear in mind that while dealing with contested cases, the NGT is required to pass award and order and the statute repeatedly uses the word decision . Therefore, it is appropriate to correlate the word decision to the NGT, in its non-adversarial or inquisitorial role, as was suggested by the Law Commission and recognized in DG, NHAI (supra). 25.7 The duty to safeguard Article 21 rights cannot stand on a narrow compass of interpretation. Procedural provisions must be allowed to fall in step with the substantive rights that are invoked in the environmental domain, in larger public interest. The specialized forum is bestow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an action principle that holds public authorities responsible for protecting the natural foundations of life and preserving the physical world for the present and future generations, and can therefore be used to counter the short-termism endemic in all democratic, consumption oriented societies. 26.2 The origin of the Precautionary Principle itself is rooted as an institutional obligation, by holding them primarily responsible for the environmental concerns and remedies. 26.3 As earlier seen, S.20 of the NGT Act which includes the term decision , in addition to order and award , also require the Tribunal to apply the Precautionary Principle and the statutory mandate being relevant is extracted: - 20. Tribunal to apply certain principles. - The Tribunal shall, while passing any order or decisions or award, apply the principles of sustainable development, the precautionary principle and the polluter pays principle. 26.4 The principle set out above must apply in the widest amplitude to ensure that it is not only resorted to for adjudicatory purposes but also for other decisions or orders to governmental authorities or polluters, when they fail to to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... environmental ramifications. Environmental equity thus stands to ensure a balanced distribution of environmental risks as well as protections, including application of sustainable development principles. 27.2 Voicing concerns about the disproportionate harm for the poor segments, Lois J. Schiffer (then Assistant Attorney General, Environment Natural Resources Division (ENRD), U.S. Department of Justice) and Timothy J. Dowling (then Attorney at ENRD) in their Reflections on the Role of the Courts in Environmental Law, wrote the following evocative passage on the concept of environmental justice, Environmental Justice, which focuses on whether minorities and low-income people bear a disproportionate burden of exposure to environmental harms and any resulting health effects. In the past ten to fifteen years, this issue has crystallized a grass-roots movement that combines civil rights issues with environmental issues, with a goal of achieving environmental justice or environmental equity, which is understood to mean the fair distribution of environmental risks and protection from environmental harms. Schiffer, L. J., Dowling, T. J. (1997). Reflections On The Role Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the backdrop of the above weighty concerns, this Court should advert to what Schiffer and Dowling have stated on the Blindfold of Lady Justice , which symbolizes the ideal of administering equal justice to everyone who comes to our Courts, regardless of race, creed, or economic class. Ibid The relevance of this concept is particularly apposite when we consider the inability of most marginalized communities, to access the legal machinery. IX. ENVIRONMENTAL JURISPRUDENCE IN INDIA 28.1 Proceeding with the above understating, we can comfortably place the NGT within the rubric of the larger environmental jurisprudence which has been informing this unique institution. The role of this Court in establishing the legal connect between matters of environmental concern and fundamental rights of citizens, has produced much academic literature. Amongst others, Armin Rosencranz and Shyam Divan in their writing- Environmental Law And Policy In India, have noted that the field of laws pertaining to environmental concerns has been a fairly fertile ground for judicial innovations by this Court; moving the concept of Environmental law from the realm of torts to interlink it with fund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ronmental law. Rajamani, Lavanya. 2007. Public Interest Environmental Litigation in India: Exploring Issues of Access, Participation, Equity, Effectiveness and Sustainability. Journal of Environmental Law 28.4 It has been noted that the Supreme Court adopted the role of an amicus environment by threading together human rights and environmental concerns, resultingly developing a sui generis environmental discourse. Supra, Note 19 There were both procedural and substantive innovations made, by entertaining PIL petitions, seeking remedies, including guidelines and directions in the absence of legislation. Many of the landmark cases which hold the fort to this day, were in recognition of the at risk nature of some populations. The creation of the NGT itself was due in large part to the need expressed by this Court for such a forum. M.C. Mehta vs. Union of India (1986) 2 SCC 176, Indian Council for Environmental-Legal Action v. Union of India (1996) 3 SCC 212, A.P. Pollution Control Board vs. M.V. Nayudu (1999) 2 SCC 718, A.P. Pollution Control Board II vs. M.V. Nayudu (2001) 2 SCC 62 28.5 Justice T.S. Doabia in Environmental Pollution Laws in India, has highlighted the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gagement with nature in the present and the prospects for the future, if we were not to radically alter the course of destruction which humanity s actions have charted. The environmental rule of law seeks to facilitate a multi disciplinary analysis of the nature and consequences of carbon footprints and in doing so it brings a shared understanding between science, regulatory decisions and policy perspectives in the field of environmental protection. It recognizes that the law element in the environmental rule of law does not make the concept peculiarly the preserve of lawyers and judges. On the contrary, it seeks to draw within the fold all stakeholders in formulating strategies to deal with current challenges posed by environmental degradation, climate change and the destruction of habitats. The environmental rule of law seeks a unified understanding of these concepts. 28.8 It is this environmental rule of law that has been encapsulated with the NGT s creation at this Court s behest. Professor Domenico Amirante in a comparative analysis of similar bodies across the world, notes that, With reference to the judicial enforcement of environmental law which as we have s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment - A sectoral and regional analysis for 2030s, Ministry of Environment and Forests, Government of India, 16 November 2010 with many countries declaring climate emergencies and many others being urged to follow suit Secretary-General's Remarks at the Climate Ambition Summit. United Nations. United Nations, December 12, 2020. 32. Therefore, the nature of ecological imbalance which is visible even in our own times may cascade, and the unforeseen injustice of the future may not be capable of being handled within the frontiers set forth today. The long term and very often irreparable environmental damage which are expected to be arrested by the NGT, urge this Court to advert to what is termed as the Seventh Generation sustainability principle, or the Great Law of the Iroquois (as it originates from the Iroquois Tribe) which requires all decision making to withstand for the benefit of seven generations down the line. 33. It is vital for the wellbeing of the nation and its people, to have a flexible mechanism to address all issues pertaining to environmental damage and resultant climate change so that we can leave behind a better environmental legacy, for our childre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actual matters. It must also be said that the exercise of suo motu jurisdiction does not mean eschewing with the principles of natural justice and fair play. In other words, the party likely to be affected should be afforded due opportunity to present their side, before suffering adverse orders. 38. One could admit to the argument of danger of suo motu jurisdiction, if the NGT was acting outside its domain. But when it is legitimately working within the contours of its statutory mandate and with procedurals safeguards clarified above in play, the nature of the trigger itself viz. a letter or a suo motu initiation, cannot be the basis to curtail the role and responsibility of the specialized forum. 39. Institutions which are often addressing urgent concerns gain little from procedural nitpicking, which are unwarranted in the face of both the statutory spirit and the evolving nature of environmental degradation. Not merely should a procedure exist but it must be meaningfully effective to address such concerns. The role of such an institution cannot be mechanical or ornamental. We must therefore adopt an interpretation which sustains the spirit of public good and not render th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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