NGT Directs Petitioner To Delete Delhi LG's Name As Respondent

New Delhi: The National Green Tribunal (NGT) has directed that Delhi Lieutenant Governor VK Saxena's name be removed from the list of parties or respondents in a matter where a notice has been issued.

The green body passed the order after taking note of the constitutional provision that a state's governor or "rajpramukh" is not answerable to a court.

In September, the NGT issued a notice to the Centre, LG and others on a plea alleging environmental degradation because of the Delhi Development Authority's (DDA) proposed slum rehabilitation scheme in Kusumpur Pahadi.

In an order dated November 21, a bench of NGT Chairperson Justice Prakash Shrivastava said, "The matter was listed along with an office note disclosing that in view of Article 361 of the Constitution of India, Respondent No.2 (LG) cannot be impleaded." According to Article 361 (protection of president, governors and rajpramukhs), "The President, Governor or Rajpramukh of a state shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties." The bench, also comprising judicial member Justice Arun Kumar Tyagi and expert member A Senthil Vel, noted that the DDA is already represented in the matter through its vice-chairman as a respondent.

"Hence, we direct the applicant to delete Respondent No.2," the tribunal said.

The applicant or petitioner in the matter is "Society for Protection of Culture Heritage Environment Traditions and Promotion of National Awareness".

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