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Synopsis

The Supreme Court has said a tribunal is expected to carefully consider the material placed before it and the contentions raised on behalf of both the parties and it cannot discharge its function by merely relying on a report of the court commissioner without even considering the stand of the parties before it.

A bench of Justices BR Gavai and KV Vishwanathan thus allowed appeals filed by the Madhya Pradesh government, Special Armed Forces private individuals affected by the order by the National Green Tribunal, New Delhi on March 20, 2020 and April 6, 2021 on applications seeking directions to preserve and protect the area known as Bajrang Nagar Pahadi in village Karondi in District Jabalpur.

The court noted the impugned order passed by the NGT does not depict any independent consideration but a mere acceptance of the report of the court commissioner as it is.

The appellants led by the Madhya Pradesh government said if the report of the court commissioner is to be accepted, an area admeasuring 12.32 square kilometers surrounding the lake will have to be declared as no development area and a substantial part of construction in the Jabalpur City itself would be affected.

However, the NGT had not at all taken into consideration the objections raised by the State of Madhya Pradesh in the reply. The NGT accepted the recommendation of the court commissioner as it is, the bench said.

The bench pointed out top court, by an order on November 27, 2024 passed in case titled as “Benzo Chem Industrial Private Limited Vs Arvind Manohar Mahajan and Others” had deprecated the practice of the NGT of basing its judgment on outsourced material.

"A tribunal is expected to carefully consider the material placed before it and the contentions raised on behalf of both the parties. It cannot discharge its function by merely relying on a report of the court commissioner without even considering the stand of the parties before it. On this short ground alone, the appeals are allowed," the bench said.

While finalising the Jabalpur Development Scheme/Master Plan for 2021, the survey was also conducted by the Planning Authority pertaining to the natural water dispersal system. The map of the natural water dispersal area is a part and parcel of the Master Plan, which did not show the area under consideration as a direct catchment area of Gokulpur Talab as well as Narmada river, the state government said.

Allowing the appeal, the bench said, needless to add that the permission for development which was granted after obtaining the approval of the State Environment Impact Assessment Agency (SEIAA) would continue to operate. Further, if any specific period is provided for such activities, the time from the date of stay granted by the NGT till today, would stand excluded, the court said.