The following questions of law were raised in the SLP:
“A. Whether the NGT has jurisdiction/authority/power to decide whether Regulations made under Section 3 of the Environment Protection Act (“EPA”) e.g. the CRZ Notification are unconstitutional and/or ultra-vires?
B. Whether the NGT has jurisdiction to decide a constitutional challenge to a Notification under Section 3 of the EPA were challenged on the basis that they violate Articles 14 and 21 of the Constitution of India?
C. Whether per contra, only High Courts can decide the issues/questions set out in (A) and (B) above?
D. Whether Regulations made under Section 3 of the EPA (e.g. the CRZ Notification, EIA Notification etc.) are “delegated legislation” or merely “administrative orders”?
E. Whether the Bombay High Court, after having declined to exercise jurisdiction on the stated basis that the NGT had jurisdiction to decide the challenge raised in the P.I.L could (and/or should) have granted liberty to the Petitioners to approach the NGT only with respect to the challenge to the CZMP Plans and not the CRZ Notification?
F. Whether the impugned judgment is contrary to the judgment in Alembic Pharmaceuticals v. Rohit Prajapati & Ors. (2020 SCC OnLine SC 347)?
G. Whether the Bombay High Court, after having held that the NGT could decide the challenge raised in the PIL and therefore declining to exercise jurisdiction, ought not to have then decided or concluded that the challenge to the CRZ Notification was barred by delay and laches: the effect of this conclusion would be to make the challenge before the NGT meaningless and/or its results foregone?
H. Whether in light of Clause 6 (i) of the CRZ 2019 (which stipulates that until the provisions of the CZMP are updated the provisions of CRZ 2019 will not apply and CRZ 2011 will continue to be followed), the Public Interest Litigation could be considered as barred by delay and laches when the provisions of the CRZ 2019 had come into operation only on 29th September 2021 with the preparation of the CZMPs for Mumbai?”
Source: Barandbench
