New Delhi: A two-judge bench of the Supreme Court minced no words while criticizing the National Green Tribunal after learning that the appellants were not given a “full opportunity to contest the matter and place all their defenses before the tribunal”.
The apex court said that NGT's recurrent engagement in unilateral decision-making, review hearings and routinely dismissing them has "regrettably become a prevailing norm". A bench comprising Justices P S Narasimha and Aravind Kumar said: “It is imperative for the tribunal to infuse a renewed sense of procedural integrity, ensuring that its actions resonate with a harmonious balance between justice and due process. Only then can it reclaim its standing as a beacon of environmental protection, where well-intentioned endeavours are not simply washed away”.
The bench, in its order passed on January 30, which was uploaded on Wednesday, said “In its zealous quest for justice, the Tribunal must tread carefully to avoid the oversight of propriety. The practice of ex parte orders and the imposition of damages amounting to crores of rupees, have proven to be a counterproductive force in the broader mission of environmental safeguarding”.
The apex court made these observations in its judgment on appeals filed by a Delhi-based business enterprise, which challenged two orders of the tribunal where it had slapped a fine on the firm, in a suo motu proceedings for polluting the environment, without even allowing it to be heard.
The bench said NGT’s orders, in the matter, have consistently faced stays from the apex court, resulting in the unravelling of the commendable efforts put forth by the learned members, lawyers, and other stakeholders.
The bench said it appears that the appellants did not have a full opportunity to contest the matter and place all their defenses before the tribunal. “They filed this appeal and by order dated March 4, 2022, this court stayed the judgment and order passed by the Tribunal. This was inevitable. Two years have passed by and the stay is still operating. We have no other alternative except to set aside the orders dated August 31, 2021 and November 26, 2021 and remand the matter back to the Tribunal”, said the bench.
“The tribunal issue notices to all the necessary parties, hear them in detail, and pass appropriate orders. Needless to say that the tribunal shall hear the case, uninfluenced by the observations and conclusions drawn in the orders dated 31.08.2021 and 26.11.2021”, added the apex court, in its order.
Allowing civil appeals, the bench made it clear that its order does not deal with the merits of the matter and the actions of those guilty of statutory and environmental violation will have to be subject to strict scrutiny and legal consequences.
The apex court noted that the main order arises out of an ex-parte order in suo motu proceedings holding the appellants to be guilty and directing payment of compensation. “The second order is the dismissal of the review petition filed by the appellant No.2 alleging that he had not been given an opportunity before an adverse order was passed against him,” it noted.
The apex court said it is evident that the tribunal itself has noted that notices were not issued to the project proponents and the tribunal, in fact, considers it unnecessary to hear the project proponent to verify the facts in issue. “The Tribunal thought it appropriate to adopt this method in view of a Joint Inspection Report that had been submitted. The persons who were prejudiced by the order of the Tribunal naturally filed Review Petitions before the Tribunal. Appellant No. 2 is one amongst them. The Review Petition was taken up and dismissed by the Tribunal on 26.11.2021”, said the apex court.
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