- (1.) As to whether a statutory Tribunal (in the present case, Principal Seat of the National Green Tribunal at Delhi) has a power to pass an order contrary to the orders passed by the Constitutional Court of this country , and (ii) as to whether in case of the conflicting orders passed by a Constitutional Court and a Statutory Tribunal, the authorities are bound to comply with which order These are some of the unfortunate and unwarranted questions that we are called upon to answer in the present proceedings.
(2.) Though provoked by an intervenor M/s. Shrushti Paryavaran Mandal to decide all these questions on earlier occasions, this Court restrained itself from doing so. However, today we are left with no other alternative but to decide these issues. If we fail to decide this issue, we will be compelling various authorities of the State Government and National Highway Authority of India (hereinafter referred to as the "NHAI") to face the proceedings before the learned Principal place of the National Green Tribunal (hereinafter referred to as "the learned Tribunal") which has issued a notice to them, vide order dated 7.9.2015, to showcause as to why their properties be not attached and/or they be not committed to the Civil Prison.
(3.) A prelude to the controversy : "Times of India" which is undisputedly one of the leading newspapers in the country had published a news item on 20.9.2013. The headline of the said newsitem is "40 KillerMetre Stretch on NH7". The bold portion in the said newsitem is as under : "When TOI travelled Mansar to Khawasa route on NH7, the experience was nothing but hellish. Deep ditches and loose gravel have made driving risky on this road, which has turned from bad to pathetic following heavy rainfall this monsoon. This also threatens to affect tourist flow to forests falling on the route. NHAI and road contractor seem least bothered." It is to be noted that the report is in seven columns. A blame is sought to be put on the NHAI for the precarious condition of the said road. It is stated in the said report that the quality of the road worsened gradually over years together. A blame is also put on the respondent no.3 for the worst condition of the road. It is to be noted that in the said report, the TOI has highlighted that according to Deolapur police about 5 deaths had occurred in one year. However, the said report goes on further to state that, as per the villagers the deaths are much more and nearing about 100. The report further says that mechanics at Deolapur and Mansar say that various vehicles break down on this stretch thereby requiring to utilize the services of the mechanics. The report further goes to say that the highway is a major route for northsouth traffic. The report goes on to say that on account of the bad condition of the road, tourism in the adjoining areas like Karmazari, Pench on the Maharashtra side, etc. had also adversely affected.;