Case Note & Summary
The dispute arose from the operation of two stone crushers in Haldwani, Nainital District, which the appellants claimed were violating environmental norms and affecting the health of local residents, including students. The appellants, Tejinder Kumar Jolly and his deceased father, filed complaints regarding noise and air pollution, prompting inspections and reports from various authorities, including the Pollution Control Board. The NGT initially restricted operations of the crushers and directed their relocation by November 2018. However, after a Supreme Court remand, the NGT dismissed a subsequent application (O.A. No. 449/2019) without adjudication, leading to the current appeal. The Supreme Court found that the NGT's dismissal was based on a misunderstanding and that the application warranted a thorough examination of the reported violations. The Court emphasized the importance of adhering to environmental laws and the need for the NGT to address public health concerns. Consequently, the Supreme Court restored O.A. No. 449/2019 for adjudication on its merits, allowing the appeal and directing the NGT to proceed without bias from the current judgment.
Headnote
A) Environmental Law - Adjudication of Environmental Violations - Requirement for Adjudication - National Green Tribunal Act, 2010 - The NGT's dismissal of O.A. No. 449/2019 without adjudication was found erroneous as the application was based on a government report indicating violations of environmental norms. The Supreme Court directed that the NGT must adjudicate the matter on merit, considering the adverse health impacts on the local populace (Paras 19-21).
Issue of Consideration
Whether the National Green Tribunal's dismissal of O.A. No. 449/2019 without adjudication was justified.
Final Decision
The Supreme Court allowed the appeal, set aside the NGT's order dismissing O.A. No. 449/2019, and directed that the application be restored for adjudication on its merits.
Law Points
- Environmental law
- pollution control
- statutory compliance
- public interest
- adjudication
Case Details
2021 LawText (SC) (11) 144
Civil Appeal No. 218 of 2021
Hrishikesh Roy, R. Subhash Reddy
V.K. Shukla, Rahul Verma, Mukesh Verma, Dhruv Mehta
Tejinder Kumar Jolly & Anr.
The State of Uttarakhand & Ors.
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Nature of Litigation
Appeal against the dismissal of an original application concerning environmental violations by stone crushers.
Remedy Sought
Restoration of O.A. No. 449/2019 for adjudication on environmental violations.
Filing Reason
Allegations of noise and air pollution from stone crushers affecting local residents.
Previous Decisions
NGT had previously issued orders regarding the operation and relocation of the stone crushers.
Issues
Whether the NGT's dismissal of O.A. No. 449/2019 was justified.
Whether the NGT should have adjudicated the application based on the government report.
Submissions/Arguments
The appellants argued that the NGT's dismissal was erroneous and that the application required adjudication based on clear violations.
The respondents contended that the stone crushers were old units and should not be forced to relocate.
Ratio Decidendi
The NGT must adjudicate applications concerning environmental violations based on substantive evidence and cannot dismiss them without a thorough examination of the merits.
Judgment Excerpts
The NGT's dismissal of O.A. No. 449/2019 without adjudication was found erroneous.
Orders which have direct repercussions on the right to clean environment must surely be the outcome of careful scrutiny and substantive deliberation.
Consequently, original application (449/2019) stands disposed of, with no order as to cost.
Procedural History
The appellants filed O.A. No. 332 of 2017, which was disposed of with directions for relocation of stone crushers. Following a Supreme Court remand, the NGT dismissed O.A. No. 449/2019 without adjudication, leading to the current appeal.
Acts & Sections
- Water (Prevention and Control of Pollution) Act, 1974:
- Air (Prevention and Control of Pollution) Act, 1981:
- National Green Tribunal Act, 2010:
