Case Note & Summary
The appeals arose from two orders passed by the National Green Tribunal in suo motu proceedings. The first order dated 31.08.2021 held the appellants guilty and directed payment of compensation without issuing notice to them. The second order dated 26.11.2021 dismissed the review petition filed by appellant No. 2 alleging lack of opportunity before the adverse order. The Supreme Court noted that the Tribunal itself acknowledged not issuing notices to project proponents but considered it unnecessary to hear them based on a Joint Inspection Report. The Court observed that the NGT's recurrent practice of unilateral decision-making through ex parte orders and imposition of substantial damages, followed by routine dismissal of review petitions, had become counterproductive to environmental protection. The Court emphasized that while pursuing environmental justice, tribunals must maintain procedural integrity and balance justice with due process. The appellants had not been given full opportunity to contest the matter or present their defenses. The Supreme Court had stayed the NGT orders on 04.03.2022, and with two years having passed, the Court found no alternative but to set aside both orders. The Court remanded the matter to the Tribunal with directions to issue notices to all necessary parties, hear them in detail, and pass appropriate orders without being influenced by previous observations. The Court clarified that this order did not deal with the merits, and statutory and environmental violations would still be subject to strict scrutiny. The civil appeals were allowed with these directions.
Headnote
A) Administrative Law - Natural Justice - Right to Hearing - National Green Tribunal Act, 2010 - The Supreme Court set aside NGT orders that imposed compensation without issuing notice to project proponents, holding that ex parte orders without opportunity of hearing violate principles of natural justice. The Court emphasized that tribunals must balance environmental protection with procedural fairness. (Paras 1-6) B) Environmental Law - Tribunal Procedure - Ex Parte Orders - National Green Tribunal Act, 2010 - The Court criticized the NGT's practice of passing ex parte orders imposing substantial compensation and routinely dismissing review petitions, noting this counterproductive approach undermines environmental protection efforts. The Court directed fresh hearing with proper notice to all parties. (Paras 3-6) C) Civil Procedure - Remand - Fresh Consideration - Code of Civil Procedure, 1908 - The Supreme Court remanded the matter to NGT for fresh consideration after setting aside orders dated 31.08.2021 and 26.11.2021, directing the tribunal to issue notices to all necessary parties and hear them in detail without being influenced by previous observations. (Paras 6-8)
Issue of Consideration
Whether the National Green Tribunal violated principles of natural justice by passing ex parte orders without issuing notice to affected parties and dismissing review petitions without proper hearing
Final Decision
Civil Appeals allowed. Orders dated 31.08.2021 and 26.11.2021 set aside. Matter remanded to National Green Tribunal to issue notices to all necessary parties, hear them in detail, and pass appropriate orders without being influenced by previous observations. Pending applications disposed of.
Law Points
- Principles of natural justice
- procedural fairness
- right to hearing
- ex parte orders
- review jurisdiction
- remand to tribunal
