The Central Zone Bench of the National Green Tribunal (NGT) has disposed of a petition that sought a comprehensive state policy for the identification and eradication of Prosopis Juliflora, commonly known as angrezi babool, in Rajasthan. The tribunal held that such directions fall within the domain of the government and not the tribunal.
Petition Details
The application, filed by Shaukat Khan Kayamkhani, urged the tribunal to direct the state to frame and implement guidelines for removing the invasive species. It also sought a statewide survey and mapping of affected areas, along with a time-bound, district-wise eradication plan. The petitioner further requested restoration of cleared land with native species, constitution of a nodal agency or task force, regulatory measures to prevent further spread, and periodic monitoring with community participation.
Tribunal's Ruling
The bench, comprising Justice Sheo Kumar Singh (judicial member) and Sudhir Kumar Chaturvedi (expert member), ruled that the prayers were essentially policy matters. The tribunal observed, "Policy and planning are the domain of the legislature or executive." It further stated, "Courts and tribunals do not ordinarily interfere in policy decisions unless they are arbitrary, unconstitutional or violate statutory provisions."
Legal Precedents
Relying on a series of Supreme Court judgments, the bench reiterated that judicial review of policy is limited. It noted that even if an alternative or better policy is possible, courts cannot direct the government to adopt a particular course unless there is clear illegality, mala fide intent, or irrationality. An official said, "The NGT emphasised that environmental concerns tied purely to policy formulation cannot be enforced through judicial directions in the absence of a legal violation."
Scope of NGT Mandate
The order further stated that the matter does not fall within the scope of issues the NGT can adjudicate under its mandate, as no specific breach of environmental law was demonstrated. "The applicant was advised to approach the appropriate forum for redressal. With these observations, the tribunal disposed of the application," added the official.
