Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Green Tribunal Act 2010 – s. 19(1) – Non-compliance of principles of Natural justice – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | National Green Tribunal Act, 2010 (19 of 2010) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Green Tribunal Act, 2010 – s. 19(1) – Non-complianceof principles of Natural justice – Opportunity not given to fileobjections to the recommendations made by the Committee – NGTconstituted an expert committee and sought a report regarding thealleged violations complained by the first respondent – However,opportunity to raise objections to the report not given to appellants– Held:It is apparent that the appellants were not given anopportunity to file their objections to the recommendations madeby the Committee constituted by the NGT which is apparent by thefact that the recommendations were uploaded on 15.01.2022 andthe final order of the NGT was passed three days later on, i.e.18.01.2022 – Thus, this is a clear case of there being non compliancewith the principles of natural justice – NGT though is a specialadjudicatory body constituted by an Act of Parliament, nevertheless,the discharge of its function must be in accordance with law whichwould also include compliance with the principles of natural justiceas envisaged in s.19(1) of the Act – Therefore, the impugned orderset aside, matter is remanded to the NGT for re-consideration fromthe stage of the recommendations filed by the expert Committeeconstituted by the NGT.Doctrines/Principles – ‘Official notice’ – A device used inadministrative procedure – The data on which an authority is actingmust be apprised to the party against whom the data is to be usedas such a party would then have an opportunity not only to refute itbut also supplement, explain or give a different perspective to thefacts upon which the authority relies. |
Judge | Hon'ble Ms. Justice B.V. Nagarathna |
Neutral Citation | 2023 INSC 618 |
Petitioner | Singrauli Super Thermal Power Station |
Respondent | Ashwani Kumar Dubey & Ors |
SCR | [2023] 10 S.C.R. 440 |
Judgement Date | 2023-07-05 |
Case Number | 3856 |
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