NDLI: Kantha Vibhag Yuva Koli Samaj Parivartan Trust and Others Vs. State of Gujarat and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Administrative Law – Entrustment of judicial functions to an administrative expert committee
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Administrative Law – Entrustment of judicial functions to an administrative expert committee – Appellants filed an Original Application (OA) before the Western Zone Bench of the NGT against the dumping of municipal solid waste (MSW) at open landfill site – The OA was being continuously heard by the Western Zone Bench of the NGT and it had already issued significant interim directions – However, Principal Bench (NGT) disposed of the said OA filed by the appellants on the ground that in another OA the NGT had constituted Apex, Regional and State Level Committees to monitor the implementation of the SWM Rules – The OA filed by the appellants was thus closed with liberty to represent the case and ventilate all grievances before the appropriate committee – Whether the Principal Bench of the NGT correctly directed the appellants to now approach one of the Committees set up by it, rather than continue with the proceedings in the OA – Held: The committees are setup because the fact-finding exercise in many matters can be complex, technical and time-consuming, and may often require the committees to conduct field visits – These committees are set up with specific terms of reference outlining their mandate, and their reports have to conform to the mandate – Once these committees submit their final reports to the court/tribunal, it is open to the parties to object to them, which is then adjudicated upon – The role of these expert committees does not substitute the adjudicatory role of the court or tribunal – The NGT cannot abdicate its jurisdiction by entrusting these core adjudicatory functions to administrative expert committees – National Green Tribunal Act, 2010 – ss. 14, 15 and 22 – Municipal Solid Waste (Handling and Management)Rules 2000 – Bio Medical Waste (Management and Handling) Rules 1998.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 79
Petitioner	Kantha Vibhag Yuva Koli Samaj Parivartan Trust And Others
Respondent	State Of Gujarat And Others
SCR	[2022] 1 S.C.R. 1006
Judgement Date	2022-01-21
Case Number	1046

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