Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2010 – s.4(4)(c) – National Green Tribunal (Practice and Procedure) Rules National Green Tribunal Act 2011 – Amendment in r.3 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Green Tribunal Act, 2010 – s.4(4)(c) – National Green Tribunal (Practice and Procedure) Rules, 2011 – Amendment in r.3 – By notification, a proviso was inserted in r.3 of the 2011 Rules, which allowed the constitution of a single member Bench in exceptional circumstances – The said notification was challenged – Before the Supreme Court on 11.01.2018, the Attorney General of India assured that the rule which is under challenge shall be rectified in consonance with the 2010 Act – However on 29.01.2018, a single member of the NGT dismissed an application for condonation of delay, which was filed by the appellant – On 31.01.2018, Supreme Court in the petition challenging the validity of the government order directed that the Chairperson of the NGT shall not constitute a single member Bench and each bench shall consist of one judicial member and an expert member – Appellant preferred an application for recall of the order of the single member dated 29.01.2018 and condonation of delay – The Tribunal dismissed both the applications by an order dated 16.07.2021 – On appeal, held: The single member of the NGT who dismissed the application for condonation of delay submitted by the appellant on 29.01.2018 had, in other cases, abstained from passing any judicial order on the ground that there was a stay on the composition of a single member bench – Propriety warranted that a consistent course of action should have been followed by the NGT, once the assurance which was held out before Supreme Court by the Attorney General, was brought to its knowledge – The phraseology of the order that the Supreme Court dated 31.01.2018 intended that there be an interdict on the constitution of single member benches constituted in purported exercise of the power conferred by the rule – The assumption of jurisdiction by a single member Bench clearly stands vitiated – The Single member could not have passed an order in view of the proviso to s. 4(4)(c) of the Act – The impugned order dated 16.07.2021 and original order of NGT dated 29.01.2018 set aside. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 692 |
Petitioner | Talli Gram Panchayat |
Respondent | Union Of India And Others |
SCR | [2022] 7 S.C.R. 126 |
Judgement Date | 2022-07-11 |
Case Number | 383 |
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