Srinagar Bandh Apada Sangharsh Samiti Anr. V. Alaknanda Hydro Power Co. Ltd Ors.
- 2022-02-17
Court: National Green Tribunal
Citation: Misc. Application No. 32/2014(WZ)
Coram: Justice V.R. Kingaonkar (Judicial Member), Dr. Ajay A. Deshpande (Expert Member)
Facts:
Betty Alvarez, a foreign national, filed a PIL with the Bombay High Court Bench, concerning various instances of illegal construction in the Coastal Regulation Zone of Candolim, Goa. It was later transferred to the National Green Tribunal.
Issue:
Whether a foreign national has the right to file an application before the National Green Tribunal.
Decision:
The Tribunal did not consent to take a narrow view of the rights granted under Article 21 of the Constitution of India.
In bold words, the Tribunal stated that even considering that the Applicant-Betty Alvarez is not a citizen of India, the Application is still maintainable because before she filed the present application, she had filed several other written petitions and contempt applications in which she alleged that the Respondents had erected such unlawful constructions by which they invaded the sea.
Also, while interpreting Section 2(j) of the National Green Tribunal Act, 2010, the word ‘person’ deserves to be construed in a broad sense to include an individual who may or may not be an Indian citizen.
The Tribunal laid down any person can file a proceeding related to an environmental dispute, irrespective of their nationality, and therefore, allowed Betty Alvarez’s application.
