Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Green Tribunal Act 2010 – s.19(4)(f) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | National Green Tribunal Act, 2010 (19 of 2010) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | National Green Tribunal Act, 2010 – s.19(4)(f) – NationalGreen Tribunal (Practices and Procedure) Rules, 2011 – r.22(2) –Application for review – Original applicant claimed that the projectproponent had raised construction in violation of the EnvironmentalClearance granted for the project and also in violation of thevarious municipal laws – NGT directed the project proponent topay environment compensation cost – Appeal against the order –Meanwhile, Project Proponent filed a review application againstthe order of the NGT, which was decided by a different Bench –Original applicant contended that certain arguments raised by himwere not heard by the original Bench – Held: A review petitionshould not be heard by any other Bench unless it is impossible ortotally impracticable for earlier Bench to hear the matter – If aparty urges that some of the contentions urged by it were not takeninto consideration then it filed a review application, then theapplication should be heard by the same Bench which had originallyheard the matter – According to sub-rule(2) the matter shouldordinarily be heard at the same place of sitting where it wasoriginally decided – However, this is not a mandatory directionbecause sub-rule(2) itself contemplates that the matter shallordinarily be heard at the same place – In tribunals like NGT wheremembers may be transferred from one Bench to another, these issuescould be resolved by resorting to the latest technology and ifnecessary the arguments in such cases can be heard by videoconferencing – Thus, the normal rule is that the same Bench shouldhear the review application and it should not be disturbed – Besides,Project Proponent had violated law with impunity by raisingconstructions, and by manipulating the officials and authorities –Supreme Court in number of cases awarded 5% of the project cost as damages and this is followed as a general law – However, in theinstant case, project proponent directed to pay damages of Rs.100crores or 10% of the Project – Code of Civil Procedure, 1908 –Or.XLVII. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2018 INSC 696 |
Petitioner | M/s Goel Ganga Developers India Pvt. Ltd. |
Respondent | Union Of India Through Secretary Ministry Of Environment And Forests & Ors. |
SCR | [2018] 10 S.C.R. 1005 |
Judgement Date | 2018-08-10 |
Case Number | 10854 |
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