The orders of constitutional courts prevail over that of statutory tribunals if they contradict each other, the Supreme Court said on Wednesday, while setting aside a National Green Tribunal (NGT) ban imposed on construction at Rushikonda hills in Visakhapatnam.
A Vacation Bench of Justices B.R. Gavai and Hima Kohli said the NGT should not have intervened when the High Court was already seized of the case.
“Conflicting orders passed by the NGT and the High Court would lead to an anomalous situation. The authorities would be faced with difficulty which orders to follow. In such a case, orders from the constitutional court would prevail over statutory tribunals,” the apex court observed.
Subordinate to HC
The Bench noted that the NGT was subordinate to the High Court in so far as territorial jurisdiction was concerned.
The Bench, however, said the need for development should be balanced with the need to preserve and protect the environment for future generations.
The Bench also clarified that construction will be carried out on the flat area and where the earlier resort was existing and later demolished.
The case concerned a plea by the State of Andhra Pradesh challenging an NGT decision to halt construction work at Rushikonda Hills.
The NGT had passed the order on a petition filed by Member of Parliament K. Raghu Ramakrishna Raju, alleging violation of CRZ norms by the project.
The Andhra Pradesh High Court had also issued notices to the Andhra Pradesh Tourism Corporation, the Visakhapatnam Collector and the Greater Visakhapatnam Municipal Corporation (GVMC) Commissioner on the issues pertaining to the Rushikonda Hill.
