NGT junks plea for policy on invasive weed removal in Raj

Jaipur: The Central Zone Bench of National Green Tribunal (NGT) disposed of a petition seeking a comprehensive state policy for the identification and eradication of Prosopis Juliflora (commonly known as angrezi babool) in Rajasthan, holding that such directions fall within the domain of the govt and not the tribunal.

The application, filed by Shaukat Khan Kayamkhani, urged the tribunal to direct the state to frame and implement guidelines for removing the invasive species, undertake a statewide survey and mapping of affected areas, and execute a time-bound, district-wise eradication plan.

The application also sought 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.

However, the bench comprising Justice Sheo Kumar Singh (judicial member) and Sudhir Kumar Chaturvedi (expert member) ruled that the prayers were essentially policy matters. “Policy and planning are the domain of the legislature or executive.”

The tribunal observed, “Courts and tribunals do not ordinarily interfere in policy decisions unless they are arbitrary, unconstitutional or violate statutory provisions.”

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 govt 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.”

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.
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