Case Note & Summary
The dispute involved a civil appeal filed by the Union of India against the Goa Foundation and others. The learned Solicitor General of India informed the court about a new report from a High Level Working Group constituted under the Environment (Protection) Act, 1986, which raised concerns regarding recommendations made in the Western Ghat Ecology Expert Panel Report. The court, upon hearing this submission, decided not to entertain the civil appeal at that moment. Instead, it granted liberty to the appellant to file an appropriate application to bring the new findings to the attention of the National Green Tribunal. The court clarified that it had not expressed any opinion on the submissions made by the Solicitor General, emphasizing that the Tribunal would consider the application in accordance with the law. The judgment was delivered on April 26, 2013.
Headnote
A) Environmental Law - National Green Tribunal - Appellant's Right to Present New Findings - Environment (Protection) Act, 1986 - The court did not entertain the civil appeal but allowed the appellant to file an application to present new findings from a High Level Working Group report to the National Green Tribunal for consideration. Held that it is for the Tribunal to consider the application in accordance with law (Paras 1-3).
Issue of Consideration
Whether the appellant should be allowed to present new findings to the National Green Tribunal.
Final Decision
The Supreme Court dismissed the civil appeal and granted liberty to the appellant to file an application to present new findings to the National Green Tribunal.
Law Points
- Civil procedure
- Environmental law
- National Green Tribunal
- High Level Working Group report
