In a strightforward message to the Centre, Supreme Court judge JS Khehar said on Sunday that the government has to do more on implementation of green laws and if it is not happening, "we (courts) won't allow it go on, we must and we shall stop it." Justice Khehar was speaking during the closing session of two-day global law conference organized by the National Green Tribunal and Union Environment Ministry. Union ministers Rajnath Singh,Prakash Javadekar and Piyush Goyal and NGT chairperson Swatanter Kumar were in attendance when justice Khehar spoke.
Preceeded by environment minister Javadekar on the dais, who requested the judiciary to support the government's policy decisions and guide them on compliance of laws, Khehar responded, "I will respond to a request to support the cause of the government, there is no question that courts should support government's actions. But, the other serious concern about your request is to support you on implementation. We have been doing it for years and years. One sees hillocks gone, a hilly area turned to flat land, that is what I saw in Karnataka, for no consideration and no law. But implementation has to be from the government and if it is not so we (courts) won't allow it go, we must stop it and we shall stop it. Because that is what courts are meant to do," justice Khehar said.
He added, "Ecology is now a fundamental right. What has to be done, has to be done... it is a matter of life and death." Before justice Khehar spoke, Javadekar had also said that "compliance (of environment laws) is where we lack." Making suggestions to the judiciary, Javadekar added, "When you (judiciary) find some policy or rules with legal inadequacies, give time to the executive to improve. If you stay (legislations) the whole process stops, the wheels of progress stop."
In the recent past, the Centre and the apex court have not agreed upon on various environmental issues and the Supreme Court has had to intervene in matters of environmental violations and degradation. Just earlier this year, Chief Justice of India TS Thakur passed some significant directives in the Delhi air pollution matter. The SC is also currently hearing a matter on allowing hydropower projects to be built in the upper reaches of Ganga, in light of the 2013 Uttarakhand disaster.
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