Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Green Tribunal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Issue for Consideration: Whether the impugned orders passed by National Green Tribunal – order arising out of an ex parte order in suo motu proceedings holding the appellants guilty and directing payment of compensation; and order of dismissal of the review petition filed by appellant No.2 alleging that he had not been given opportunity before adverse order was passed against him, were not sustainable.Practice and Procedure – Opportunity of hearing to affected party – National Green Tribunal’s recurrent engagement in unilateral decision making, provisioning ex post facto review hearing and routinely dismissing it – Deprecated. Held: On facts, it is evident that the Tribunal itself noted that notices were not issued to the Project Proponents – The Tribunal, in fact, considered it unnecessary to hear the Project Proponent to verify the facts in issue – The persons who were prejudiced by the order of the Tribunal naturally filed Review Petitions before the Tribunal – Appellant No.2 is one amongst them – The National Green Tribunal’s recurrent engagement in unilateral decision making, provisioning ex post facto review hearing and routinely dismissing it has regrettably become a prevailing norm – It is imperative for the Tribunal to infuse a renewed sense of procedural integrity, ensuring that its actions resonate with a harmonious balance between justice and due process – It appears that the appellants did not have a full opportunity to contest the matter and place all their defenses before the Tribunal – The matter is remanded back to the Tribunal to issue notice to all the affected parties, hear them and pass appropriate orders. [Paras 1, 3, 4, 5, 6] |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2024 INSC 89 |
Petitioner | Veena Gupta & Anr |
Respondent | Central Pollution Control Board & Ors. |
SCR | [2024] 1 S.C.R. 1185 |
Judgement Date | 2024-01-30 |
Case Number | 1865-1866 |
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