New Delhi: The issue of climate change is beyond the jurisdiction of National Green Tribunal as it is a subject of international conventions and protocols, according to the Ministry of Environment and Forests. “It is submitted that the issue of climate change is the subject of international conventions and protocols and does not lie in the ambit of Section 14 of the National Green Tribunal Act,” said an affidavit filed by the Ministry with the Tribunal in response to a plea against ill effects of climate change.
The affidavit filed by Sachidananda Satapathy, Director MoEF, told the NGT that the Centre is a signatory to the United Nations Framework Convention on Climate Change(UNFCCC) and Kyoto protocol. “Accordingly, any statutory obligation on the MoEF regarding the issue of climate change do not arise out of the enactments listed under Schedule 1 of NGT Act.
“It is submitted that the progress of national missions under the National Action Plan on Climate Change (NAPCC) is being reviewed by the Executive Committee on Climate Change under the chairmanship of Principal Secretary to the Prime Minister,” it said. According to Section 14 of the NGT Act, the Tribunal has the jurisdiction over all civil cases where a substantial question relating to environment is involved. Such questions arise out of implementation of enactments specified in Schedule 1 of the Act.
The seven enactments specified in Schedule 1 to the NGT Act are – The Water Act, The Water Cess Act, The Forest (Conservation) Act, The Air (Preventon and Control of Pollution Act) and The Environment Protection Act. The affidavit was in response to a petition filed by advocate Gaurav Kumar Bansal seeking direction to place on record the relevant material and documents relating to steps taken by Centre and states in order to implement NAPCC.
“There is a conflict of interest between the central government and various states of the country and because of the same an important plan like NAPCC has failed to get implemented in its true letter and spirit,” the plea had said.
