Case Note & Summary
The appeals arose from an order dated 16 July 2021 of the National Green Tribunal (NGT) concerning the environmental clearance granted to Ultratech Cement Limited for limestone mining in Gujarat. The Talli Gram Panchayat, the appellant, challenged this clearance on several grounds, including ecological sensitivity and lack of consent from landholders. The NGT dismissed the appellant's applications for condonation of delay in filing the appeal, asserting that the environmental clearance was duly communicated and uploaded, thus the limitation period should be calculated from that date. The appellant sought to challenge the validity of the single member bench that dismissed their application, arguing it contravened the NGT Act's requirement for equal representation of judicial and expert members. The fourth respondent contended that the NGT had no power to condone delays beyond 90 days and that the appellant had been negligent in pursuing the case. The Supreme Court analyzed whether the single member bench could legally dismiss the applications after an assurance from the Attorney General that the rules would be rectified. The Court found that the single member bench's jurisdiction was improperly assumed, as it did not comply with the statutory requirement for bench composition. Consequently, the Supreme Court allowed the appeals, set aside the NGT's order, and restored the original appeal for fresh disposal, keeping all rights and contentions open without expressing any opinion on the merits of the case.
Headnote
A) Environmental Law - Environmental Clearance - Validity of Environmental Clearance - National Green Tribunal Act, 2010, Section 4(4)(c) - The single member bench's order was found to contravene the requirement for equal judicial and expert members, leading to the dismissal of the applications being invalid. The Supreme Court held that the assumption of jurisdiction by a single member bench was vitiated due to the non-compliance with statutory provisions (Paras 12-13).
Issue of Consideration
Whether a single member of the Tribunal could have dealt with the proceedings and dismissed the applications for restoration and for condonation of delay.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned order of the NGT dated 16 July 2021, and restored the original order of the NGT dated 29 January 2018 for fresh disposal, keeping all rights and contentions open.
Law Points
- Environmental clearance
- National Green Tribunal
- single member bench
- condonation of delay
- principles of natural justice
