Case Note & Summary
The case arose from an appeal against a judgment of the National Green Tribunal (NGT) dated 8 June 2021, which granted environmental clearance for the expansion of a refinery in Gujarat. The expansion aimed to increase the refinery's capacity from 20 MMTPA to 46 MMTPA. The main contention was that this expansion would adversely affect the marine environment, particularly mangroves and marine biology. The NGT noted the Environmental Impact Assessment (EIA) study and the project proponent's commitment to comply with environmental conditions but did not conduct an independent review of the challenge. The appellant argued that the NGT's reliance on the proponent's statements without a thorough examination of the EIA was inadequate. The Supreme Court found that the NGT had not fulfilled its duty to adjudicate the substantive issues and that delegating its responsibilities to an expert committee was inappropriate. Consequently, the Supreme Court allowed the appeal, set aside the NGT's order, and directed that the case be restored for fresh disposal, keeping all rights and contentions open. The decision emphasized the NGT's role as an expert adjudicatory authority under the National Green Tribunal Act, 2010.
Headnote
A) Environmental Law - National Green Tribunal's Jurisdiction - Appellate Authority's Duty - National Green Tribunal Act, 2010, Section 16 - The NGT failed to independently assess the substantive grounds of challenge against the environmental clearance, relying solely on the project proponent's statements. The Supreme Court held that the NGT must conduct its own appraisal and cannot delegate its adjudicatory function to committees (Paras 7-9).
Issue of Consideration
Whether the National Green Tribunal properly adjudicated the appeal regarding the environmental clearance granted for refinery expansion.
Final Decision
The Supreme Court allowed the appeal, set aside the NGT's order dated 8 June 2021, and restored the case for fresh disposal, keeping all rights and contentions open.
Law Points
- Environmental clearance
- National Green Tribunal
- appellate jurisdiction
- expert committee
- environmental impact assessment
