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Synopsis

The Supreme Court has deprecated the practice of passing ex parte orders by the National Green Tribunal and imposition of crores of rupees as damages on the parties, affecting the broader mission of environmental safeguarding.

A bench of Justices P S Narasimha and Aravind Kumar pointed out that 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. 

"In its zealous quest for justice, the Tribunal must tread carefully to avoid the oversight of propriety. The practice of ex parte orders and the imposition of damages amounting to crores of rupees, have proven to be a counterproductive force in the broader mission of environmental safeguarding," the bench said.

"Significantly, these orders have consistently faced stays from this Court, resulting in the unraveling of the commendable efforts put forth by the learned Members, lawyers, and other stakeholders," the bench said.

The top court was hearing appeals arising out of two orders passed by the NGT. The appellants questioned the validity of an ex parte order in suo motu proceedings holding them guilty and directing them payment of compensation. Their review petitions were also dismissed by the tribunal.

The court noted that the NGT considered it unnecessary to hear the Project Proponent to verify the facts in issue. The Tribunal thought it appropriate to adopt this method in view of a Joint Inspection Report.

"It appears that the appellants did not have a full opportunity to contest the matter and place all their defenses before the tribunal. They filed this appeal and by order dated 04.03.2022, this court stayed the judgment and order passed by the Tribunal. This was inevitable. Two years have passed by and the stay is still operating," the bench said.

The court said that it had no other alternative except to set aside the orders and remand the matter back to the tribunal for fresh consideration after hearing the parties in detail.

The court underscored, "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. Only then can it reclaim its standing as a beacon of environmental protection, where well-intentioned endeavours are not simply washed away".

The court further said that it was needless to say that the tribunal should hear the case, uninfluenced by the observations and conclusions drawn in its previous orders.

With the directions, the court allowed the civil appeals filed by one Veena Gupta and another.

"We make it clear that this order does not deal with the merits of the matter and the actions of those guilty of statutory and environmental violation will have to be subject to strict scrutiny and legal consequences," the bench said.

Case Title: Veena Gupta & Anr Vs Central Pollution Control Board & Ors