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Supreme Court Bench of Chief Justice SA Bobde, Justice AS Bopanna and Justice V Ramasubramanian ordered stay on proceedings before the NGT, in a matter transferred from the Karnataka High Court challenging Section 40 of the Biodiversity Act, 2002.

The bench was of the prima facie view that it is out of the jurisdiction of a Tribunal to strike down a law.

Reference was drawn to L. Chandra Kumar and Vedanta-Sterlite Case.

Section 40. Power of Central Government to exempt certain biological resources: Notwithstanding anything contained in this Act, the Central Government may, in consultation with the National Biodiversity Authority, by notification in the Official Gazette, declare that the provisions of this Act shall not apply to any items, including biological resources normally traded as commodities.

The matter dates back to the Karnataka High Court judgment of 2013, wherein the petitioner had approached to declare Section 40 Biodiversity Act, 2002 illegal and contrary to the principles under Article 14 of the Constitution.

Notification dated 26.10.2009 by Respondent 2 was further challenged.

Relying on the Apex Court finding in Bhopal Gas Peedith Mahila Udyog Sangathan v. UOI, High Court transferred the matter to the NGT for further adjudication.

It is the contention of the petitioner that a Tribunal cannot per se determine validity of a provision under law and therefore such transfer could not have been made.

Matter has been listed for hearing next week.

Case Title: Environment Support Group v. National Biodiversity Authority | SLP(C) No. 7951 of 2014