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The Supreme Court has held that the recommendations made by an Expert Committee are not binding on the National Green Tribunal (NGT), they are only by way of assistance to enable the NGT to arrive at a correct decision in the matter.

A division bench of Justices BV Nagarathna and Prashant Kumar Mishra has made this observation while hearing a batch of appeals challenging the NGT's directions which were issued by it while relying on the recommendations made by the expert Committee.

Top Court found that the NGT had simply accepted the recommendations as remedial action suggested by the Committee but the same was done in the absence of there being objections filed by the other side who were the respondents before the NGT and without giving any hearing to them and against whom directions impugned in these cases have been passed by the NGT.

This procedure adopted by the NGT was held to be an instance of violation of the principles of natural justice.

Noting that NGT is a judicial body and therefore exercises adjudicatory function, the bench said,

"The very nature of an adjudicatory function would carry with it the requirement that principles of natural justice are complied with, particularly when there is an adversarial system of hearing of the cases before the Tribunal or for that matter before the Courts in India. The NGT though is a special adjudicatory body constituted by an Act of Parliament, nevertheless, the discharge of its function must be in accordance with law which would also include compliance with the principles of natural justice as envisaged in Section 19(1) of the Act."

While referring to the ‘official notice’ doctrine, which is a device used in administrative procedure, the bench opined, "Although an authority can rely upon materials familiar to it in its expert capacity without the need formally to introduce them in evidence, nevertheless, the parties ought to be informed of materials so noticed and be given an opportunity to explain or rebut them. The data on which an authority is acting must be apprised to the party against whom the data is to be used as such a party would then have an opportunity not only to refute it but also supplement, explain or give a different perspective to the facts upon which the authority relies...".

On the said ground, the bench decided to remand the case to the NGT for re-consideration from the stage of the recommendations filed by the expert Committee constituted by the NGT.

"The appellant(s) herein are permitted to file their objections, if they are so advised. The NGT shall consider the objections, if any, filed to the recommendations and thereafter dispose of the applications in accordance with law and after giving a reasonable opportunity to all parties", Court further ordered.

Case Title: SINGRAULI SUPER THERMAL POWER STATION vs. ASHWANI KUMAR DUBEY & ORS.