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The National Green Tribunal on Monday held that it has both the power and jurisdiction to take suo moto cognizance against the environmental law defaulters. In exercise of the same, it held that the orders passed by it against the LG Polymers in a suo moto case against the Vizag Gas Leak in A.P are legal and fully valid. The observation was made by a bench headed by NGT Chairperson in a review petition filed by LG Polymers claiming the tribunal can’t take suo moto cognizance of any issue.
The order placed reliance on Supreme Court ruling in State of Meghalaya v. All Dimasa Students Union (2019) 8 SCC 177, where the court enabled the tribunal to give such orders or directions as may be necessary to prevent abuse of process.
It held that in conditions when the victims are marginalised and/or by reason of poverty, disability, social or economic condition can’t approach the Tribunal, the tribunal can take cognizance on its own. The situation in Vizag Gas Leak demanded such cognizance, therefore the tribunal took it in order to avoid miscarriage of justice. It further said, if it is presumed that the Tribunal has not such power then it will be "robbed" of its efficacy of preventing environmental destruction and providing relief to the affected people
The Gas Leak happened on the night of 7 May at LG Polymers Plant resulting in around 13 deaths and hospitalisation of more than hundred locals. The NGT took suo moto cognizance of the issue and ordered LG Polymers to deposit initial security of 50 crores with District Magistrate, Vishakhapatnam. The order was challenged before the Apex court questioning the power and jurisdiction of NGT to take suo moto cognizance. The apex court however directed the company to raise the issue before NGT itself, hence a review petition was filed before NGT.
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