Green Tribunal to handle pending LoEA cases

Chennai: Abolishing the 20-year-old Loss of Ecology (Prevention and Payments of Compensation) Authority (LoEA), which had almost become dysfunctional and where 28,000 claim petitions are still pending, the Madras high court has ordered transfer of all claims pending investigation /enquiry before LoEA to Chennai Bench of National Green Tribunal (NGT).

A Division Bench comprising Justices V. Ramasubramanian and N. Kirubakaran said in view of the huge volume of claims now getting transferred to NGT, the Centre should constitute, at least one additional Bench at Chennai, as undertaken by Additional Solicitor-General G. Rajagopalan, for the present.

The Centre should examine the constitution of another additional Bench, within six  months, so that the tribunal does not crush under the weight of such a huge volume. The Central government shall also consider rehabilitating employees of LoEA by absorbing them into NGT, the Bench added.

Allowing a petition by the Union government, which sought a direction to transfer the work of Lo EA along with staff and records to NGT, the Bench dismissed a  petition by Vellore Citizens’ Welfare Forum, which sought a direction to Centre to make LoEA a permanent body.

The Bench said it may have to point out there was no point in multiplying quasi-judicial tribunals and authorities. The direction issued by Supreme Court on August 28, 1996 for constitution of an Authority (LoEA), was at a time when no environmental court was in existence in the country.

After the decision, the apex court had an occasion to consider the issue of constituting environmental courts, in at least two decisions bearing the same cause title namely A.P.Pollution Control Board Vs M.V. Nayudu.

On account of the Supreme Court directions in these decisions, the Law Commission considered the issue and came up with 168th report, which eventually led to the National Green Tribunal Act, 2010. Therefore, the direction issued by Supreme Court for constituting Lo EA should be understood to be a direction to make a stop-gap arrangement till a pucca environmental tribunal was constituted.