This interview has been published by Anshi Mudgal and The SuperLawyer Team
Coming from a commerce background, what inspired you to transition into the field of law? Were there any pivotal experiences that motivated this shift and shaped your early legal interests?
I have been interested in nature and ecology since childhood. My grandfather served in the Indian Forest Service and retired as the Principal Chief Conservator of Forests, Head of Forest Force, Maharashtra State. His teachings have played a major role in my upbringing since my childhood. As a child I was used to identifying different types of flora and fauna in our home garden. I experienced wild animals in the wild through various wildlife safaris. I developed a habit of noting down their physical characteristics.
My daily jogging route passes through an amazing nature trail, Vetal Tekdi (hill in Marathi) , an urban forest in the city of Pune. As a college youth I started doing amateur photography wherein nature has been my major subject like clouds, sky, sunrise and sunset, trees, animals, birds, waterbodies, landscapes etc.
In my last year of law, I applied to the Internship and Placement Cell of the college, wherein I gave Arbitration, Environment and IPR as areas of interest. NGT had started their Western Zonal Bench in Pune the same year and hence the Cell forwarded my application to the NGT. Luckily I was selected in the recruitment procedure which took place before a 5 Member interview panel at the NGT Principal Bench and being based in Pune, I was appointed as the first Judicial Intern at the NGT Pune Bench.
I never aimed to practice environmental laws. Destiny brought me to the NGT.
You hold degrees in Commerce and Law, along with an LL.M. in Constitutional and Administrative Laws. How has this multidisciplinary academic foundation influenced your approach to legal practice, particularly in the area of environmental law?
I pursued LLM in Constitutional and Administrative Laws after 4 years of practice at Bar. I believe that a candidate requires psychological maturity to understand what one expects from a masters degree. I always wanted to pursue LLM in Constitutional and Administrative Laws with dedication. I never aimed to stand first in the University, however my dedication along with 100% attendance and consistency gave me a surprise.
Although NGT is a Tribunal, it is the only Tribunal in India which adjudicates issues affecting the public at large. It is also the only Tribunal where there is no hierarchy (unlike District Consumer Forum, State Consumer Commission and National Consumer Commission), no appellate Tribunal in between (like DRAT, NCLAT, ITAT, etc.) and appeal from NGT lies directly to the Supreme Court of India. So there are high stakes matters, wherein there is interpretation on the statutes and reliance on the case laws propounded by the Superior Judiciary.
Moreover, being a Government Counsel, knowledge of Constitutional and Administrative Law is helpful in understanding how the decision making process takes place at various levels in the Government and the Legislature.
As the Standing Counsel for the Environment and Climate Change Department, Government of Maharashtra, you represent several key departments and agencies. What major challenges do you encounter while advocating for government bodies in environmental and civil matters?
The decision making process on the Government side is a detailed process which involves many people at many levels. It is not a one person decision process. Courts and litigants expect that the Govt should take decisions at the earliest however they probably are not aware of the steps through which the issues traverse and the reasons for delay in taking the decisions. Convincing this aspect to the courts and litigants is one of the challenges.
At times it is also observed that given the expanse of the bureaucracy and number of authorities, departments and ministries who work in tandem, at times they might be having a different views of the same issue. Getting them together on a consensus and then taking a decision in the larger interest by predicting future consequences, is also a task. It takes time, however because the court expects compliance of their order, a decision is taken by the Govt.
Having worked closely with regulatory authorities like the Central Pollution Control Board, Maharashtra Pollution Control Board, and the Airports Authority of India, how do you stay ahead of evolving regulatory frameworks? How do you manage and prioritize high-stakes responsibilities across such diverse institutions?
Practice in Environment law is not set like other fields, it’s evolving. Majority of the litigation is not statute based, but its based on the delegated legislation. The Ministry of Environment, Forest and Climate Change, Govt. Of India and the CPCB keep issuing amendments to the various notifications and rules through circulars, guidelines and office memorandums. These changes are brought as there are advancements in the science and even changing nature of business and industrial developments. Being a Govt counsel, I have to remain updated about the latest developments. Practising in environmental laws for more than a decade, I can see the law evolving. Being the Standing Counsel and representing the CPCB and MPCB in many cases, whenever there is a case being heard, even if I am not appearing in that case, the Hon’ble Tribunal enquires with me about the latest development about a policy or legal development at the Government level.
As and when there is a new development, either the Govt provides me with the same or I do my own research and I document all such changes. I prepare a directory of all such developments in the form of notifications, government resolutions, office memorandums, circulars, guidelines etc.
Being a Govt. Counsel I have to give equal priority to all the cases wherein the Govt. is a party. However, at times projects of public importance undertaken by the Govt. are challenged, that time the Govt. as well as me have to take care that no adverse orders are passed because it affects Govt. investment and if any such adverse order is passed, then the public is deprived of the benefits which accrue once the project is put to public use.
Your academic research and publications reveal a strong engagement with environmental jurisprudence. In what ways has your scholarly work influenced your litigation strategies and courtroom advocacy and how do you manage both pursuits?
Research always helps, not just in publication but even in practice. Being Govt counsel I have access to a lot of official material which is otherwise not easily available and accessible. Whenever I work on academic research, such material is helpful for giving practical points. Similarly, if there is a case at hand, wherein I have done publication or if there is an ongoing research work, I can give the latest position of law or policy while advancing my arguments. Academic research and practice always compliment each other. It is not just the resources or knowledge, but even it improves the skills.
Although finding time for doing academic research along with practice at Bar is difficult because first priority is always work. Research also takes time.
As a Committee Member of the National Green Tribunal Bar Association (Western Zone), what are the key trends or emerging challenges you observe in the realm of environmental litigation in India?
A lot of public as well as private infrastructural development is going on in the country. There are emissions of all kinds which are polluting the air and effluents which are polluting the water. Although there are laws for controlling all forms of pollution, enforcement is still a big issue. Issues of urban air pollution are getting chronic. Short term measures are not enough for even giving temporary respite and Pollution Control Boards and other necessary Authorities, Boards, Ministries are understaffed. Vacancy in regulatory bodies affecting control and abatement of pollution and penalising the polluter is an urgent need which needs to be addressed by the policy makers. At times the Govt. officers are overwhelmed due to work load and compliance of judicial orders, which can be addressed by creating sufficient posts and filling them with qualified people.
Climate Change is affecting everyone and nobody is in isolation and unaffected due to it. As the impacts of climate change intensify, we expect to see a continued rise in climate litigation as communities and environmental advocates demand accountability and justice from the regulators.
Environmental Laws is a dynamic law which is ever evolving. The changes are happening due to the policies implemented by the Govt. which gets challenged in the Courts, the courts either struck them down or direct the Govt. to modify. At times the uncertainty is caused due to judicial decisions that affect the industry. I haven’t come across any other prominent fields of law wherein the changes are taking so fast. Keeping ourselves updated with this ever changing field of law is a challenge to everyone, not just the lawyers but even the Govt. and the Judiciary.
As an adjunct faculty member teaching Environmental Law and related subjects at leading law schools, how do you incorporate your practical experience into the classroom? What guidance would you offer to students aspiring to build a career in environmental and civil law?
In Pune city there are around 40 law colleges. The NGT Pune Bar is a small Bar and therefore I know that I am the only lawyer practising in environmental laws who is teaching the subject in two law colleges in the city. I educate my students by giving them practical inputs from the cases which I appear in at the NGT. As said earlier, NGT is probably the only Tribunal in India which deals with matters affecting the public at large. So people as well as students know these issues as they keep getting reported in newspapers and media. Further, I organise visits of students to the NGT wherein they get to see the pending cases which I discuss in class. Teaching and practice compliment each other. Experience from my practice at NGT helps me giving live examples to students and teaching experience gives me confidence to make better submissions in the court room.
There is cut throat competition in traditional fields of law. Environmental Law is an emerging field where there is less to no competition. Students aim to practice in the corporate field, however they don’t know that practice at NGT is a part of practice in the corporate field as big companies, corporations and industries have to be defended for various alleged environmental non compliances. They need good lawyers to defend their cases. Environmental compliances form a major part of compliances by the companies. There is a dearth of good lawyers practising in environmental laws. Therefore every year I keep urging my students, especially in the final year, to consider environmental laws as a good field to practice once they get into the profession.
Having said that, I even advise them that after passing out of their college, they shouldn’t directly jump to practice at the NGT or any Tribunal for that matter because Tribunals being quasi judicial authorities are not bound by the strict rigours of Civil Procedure Code and the Evidence Act (now replaced by the Bharatiya Sakshya Adhiniyam). For any lawyer, it is essential that they know the basics of the procedural laws. At the start of their practice, if they directly and exclusively start practice at a Tribunal, there are high chances of them not learning the procedural laws. So starting a practice exclusively in any field of law or Tribunal is advisable after having learnt about the basic procedural laws by appearing before the Trial Courts. Experience of appearing before the civil courts definitely helps and compliments practice in environmental laws because the cases before the NGT are of civil nature.
Reflecting on the early phase of your career, what experiences most profoundly shaped your legal outlook? How did they contribute to building the foundation of your current practice and professional values?
Having conceptual clarity on the basics of law is very important for shaping a good legal career. It starts from the law school and not when one enters the profession. Students are getting strayed away from studying through textbooks. Moreover, the majority of the students study from exam point of view rather than understanding the subject from knowledge point of view. They tend to study through readymade notes prepared by someone else rather than making their own notes. This habit is hazardous because it reflects in their professional lives later on.
Having a habit of studying through books and making my own notes helped me not only understand the subject but even making a conscious choice of which fields I want to explore and which I want to exclude when I get into the practice. In the age of AI, everyone is losing their ability to use their brains. As far as legal studies and profession is concerned there is a dangerous trend of students and young lawyers using AI for drafting and research.
My internship at the NGT in my last year gave me a different view towards litigation. When one undergoes a litigation internship under a practising lawyer, one prepares the case from their client side and anticipate what will be the tricky situations from the other side. However, when one interns under a judge, both the sides are kept before your boss and you have to assist them in decision making. High stakes are involved in many cases. Compensation which is awarded by the NGT goes in crores. Habit of preparing my own notes helped me in assisting the judges during the internship and that habit still helps me in my practice as well as preparing lectures.
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