Jaipur: National Green Tribunal (NGT) Tuesday disposed of a petition challenging issues relating to land use, operation of a laundry and allotment of a tender to a private contractor in connection with railway land in Jaipur, holding that the dispute did not raise a substantial question relating to the environment.Hearing a petition by Puru Sharma, the bench comprising Justice Sheo Kumar Singh (judicial member) and Sudhir Kumar Chaturvedi (expert member) said that questions concerning master plans, land use and tender allotment did not fall within the tribunal’s jurisdiction in the absence of an environmental issue arising from implementation of a law listed in Schedule I of the NGT Act, 2010.The copy of the order was uploaded Wednesday.NGT referred to Supreme Court’s judgment in Raj Singh Gehlot & Ors. vs Amitabha Sen & Ors., which held that disputes concerning land use, zoning regulations and town-planning compliance cannot be brought within the NGT’s jurisdiction merely by presenting them as environmental concerns.The tribunal cited SC’s ruling in Auroville Foundation vs Navroz Kersasp Mody, observing that an applicant must specifically establish a substantial environmental question arising from implementation of a Schedule I enactment.NGT said it had no jurisdiction to intervene in or modify administrative land allotment orders or decide disputes concerning land title, change of land use, building plans, de-licensing or municipal zoning. Such grievances have to be pursued before competent civil, revenue or other authorities.On the issue concerning the railway track in Jaipur, the bench noted that it was established before 1956 and held that the contentions raised by the applicant were beyond the scope of Schedule I of the NGT Act.However, the tribunal made it clear that this did not prevent Rajasthan State Pollution Control Board from acting on any environmental violations. It directed the state PCB to take necessary action in accordance with law if violations were found and said remedial measures should be taken in view of notices already issued by the board.The bench comprising Justice Sheo Kumar Singh (judicial member) and Sudhir Kumar Chaturvedi (expert member) disposed of the application with these observations.
