The Crossbill News Desk
The Union Environment Ministry has ordered the appointment of two judicial members and four expert members to the National Green Tribunal (NGT), which has been functioning below its sanctioned strength.
The order, issued on August 11, also brings an immediate end to the extended tenures of judicial members Justices Sudhir Agarwal and B Amit Sthalekar, and expert members K Satyagopal and Arun Kumar Verma.
The newly appointed judicial members are Justice Sudhir Kumar Jain, former Delhi High Court judge and currently a member of the National Consumer Disputes Redressal Commission (NCDRC), and Justice Umesh Chandra Sharma, former judge of the Allahabad High Court and presently a member of the Armed Forces Tribunal, Chandigarh.
The new expert members include two retired Indian Forest Service officers—Sudhir Kumar Chaturvedi, former Principal Chief Conservator of Forests, Gujarat, and Ishwar Singh, former Principal Chief Conservator of Forests, Delhi—as well as Sujit Kumar Bajpayee, member of the Commission for Air Quality Management and former Joint Secretary in the Environment Ministry, and Prashant Gargava, former Member Secretary of the Central Pollution Control Board (CPCB).
Prior to this decision, the NGT had six judicial members and five expert members. With the new appointments, the number of expert members will increase to seven, while the number of judicial members remains the same.
Section 4(1) of the NGT Act, 2010, stipulates that the Tribunal must have no fewer than 10 and no more than 20 full-time judicial members, with an equal number of expert members.
The order does not clarify when the newly appointed members will assume charge or their specific bench assignments. The NGT operates five benches across the country—Principal Bench in Delhi, Eastern Zone in Kolkata, Western Zone in Pune, Southern Zone in Chennai, and Central Zone in Bhopal. NGT Registrar General S Vineeta could not be reached for comment.
Since August 12, NGT Chairperson Justice Prakash Shrivastava has been virtually hearing matters listed before the Kolkata bench alongside expert member Senthil Vel.
Earlier, the Supreme Court had granted extensions to three judicial members and two expert members in view of vacancies and the ongoing selection process.
On January 16, 2023, a bench led by then Chief Justice D Y Chandrachud extended the tenure of Justice Sheo Kumar Singh, judicial member of the NGT’s Bhopal bench, until the appointment of new judicial members. Justice Singh’s term will now end as soon as a newly appointed judicial member takes charge.
Similarly, on April 3 this year, a bench of Justices Surya Kant and N Kotiswar Singh extended the tenure of Justices Agarwal and Sthalekar, along with expert members Satyagopal and Verma, all of whom were due to retire in April.
Under the NGT Act, judicial members are appointed for a term of five years or until the age of 67, whichever comes first. They must have served as a High Court judge, a district or additional district judge for at least 10 years, or have substantial experience as an advocate in environmental litigation before the NGT, High Courts, or the Supreme Court.
Expert members must hold a degree or master’s in science with at least 25 years of relevant experience, including five years of practical work in environmental or forestry matters, and may also be drawn from retired senior officials of state or central government.
The order, issued on August 11, also brings an immediate end to the extended tenures of judicial members Justices Sudhir Agarwal and B Amit Sthalekar, and expert members K Satyagopal and Arun Kumar Verma.
The newly appointed judicial members are Justice Sudhir Kumar Jain, former Delhi High Court judge and currently a member of the National Consumer Disputes Redressal Commission (NCDRC), and Justice Umesh Chandra Sharma, former judge of the Allahabad High Court and presently a member of the Armed Forces Tribunal, Chandigarh.
The new expert members include two retired Indian Forest Service officers—Sudhir Kumar Chaturvedi, former Principal Chief Conservator of Forests, Gujarat, and Ishwar Singh, former Principal Chief Conservator of Forests, Delhi—as well as Sujit Kumar Bajpayee, member of the Commission for Air Quality Management and former Joint Secretary in the Environment Ministry, and Prashant Gargava, former Member Secretary of the Central Pollution Control Board (CPCB).
Prior to this decision, the NGT had six judicial members and five expert members. With the new appointments, the number of expert members will increase to seven, while the number of judicial members remains the same.
Section 4(1) of the NGT Act, 2010, stipulates that the Tribunal must have no fewer than 10 and no more than 20 full-time judicial members, with an equal number of expert members.
The order does not clarify when the newly appointed members will assume charge or their specific bench assignments. The NGT operates five benches across the country—Principal Bench in Delhi, Eastern Zone in Kolkata, Western Zone in Pune, Southern Zone in Chennai, and Central Zone in Bhopal. NGT Registrar General S Vineeta could not be reached for comment.
Since August 12, NGT Chairperson Justice Prakash Shrivastava has been virtually hearing matters listed before the Kolkata bench alongside expert member Senthil Vel.
Earlier, the Supreme Court had granted extensions to three judicial members and two expert members in view of vacancies and the ongoing selection process.
On January 16, 2023, a bench led by then Chief Justice D Y Chandrachud extended the tenure of Justice Sheo Kumar Singh, judicial member of the NGT’s Bhopal bench, until the appointment of new judicial members. Justice Singh’s term will now end as soon as a newly appointed judicial member takes charge.
Similarly, on April 3 this year, a bench of Justices Surya Kant and N Kotiswar Singh extended the tenure of Justices Agarwal and Sthalekar, along with expert members Satyagopal and Verma, all of whom were due to retire in April.
Under the NGT Act, judicial members are appointed for a term of five years or until the age of 67, whichever comes first. They must have served as a High Court judge, a district or additional district judge for at least 10 years, or have substantial experience as an advocate in environmental litigation before the NGT, High Courts, or the Supreme Court.
Expert members must hold a degree or master’s in science with at least 25 years of relevant experience, including five years of practical work in environmental or forestry matters, and may also be drawn from retired senior officials of state or central government.
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