In a recent decision, the Supreme Court expressed concern over the National Green Tribunal's (NGT) tendency to issue one-sided orders and impose hefty fines, labeling it as counterproductive to the overarching goal of environmental protection. The bench led by Justice P.S. Narasimha and Justice Aravind Kumar, addressed a batch of appeals challenging NGT's orders.

The two-judge bench highlighted the recurring issue of the NGT making unilateral decisions without giving due consideration to the rights of the parties involved. The Court emphasized that the practice of ex-parte orders and imposing substantial damages, often amounting to crores of rupees, goes against the core mission of safeguarding the environment.

Senior Advocate Sanjay Parikh represented the appellants, while Advocate Avneesh Arputham represented the respondents during the proceedings. The case in question originated from an ex-parte order in suo motu proceedings, where the appellants were deemed guilty, and compensation was directed without affording them an opportunity to present their side. The subsequent dismissal of a review petition further raised concerns about the lack of fair process.

The Supreme Court pointed out that the NGT acknowledged the absence of notices to the Project Proponents and deemed it unnecessary to hear them to verify the facts. The court stressed that such an approach undermines the principles of justice and due process.

Moreover, the Supreme Court noted that its intervention through stays on NGT's orders had disrupted commendable efforts put forth by members, lawyers, and stakeholders. The Court urged the NGT to reevaluate its procedures, ensuring a balance between justice and due process to regain its status as a reliable guardian of environmental protection.

The Court concluded by setting aside NGT's orders from August 31, 2021, and November 26, 2021, and remanding the matter back to the Tribunal. It emphasized the need for the NGT to provide parties with a full opportunity to contest matters and present their defenses, thus reinstating procedural integrity in environmental decisions. The Court's decision aims to strike a harmonious balance between justice and environmental protection, calling for renewed efforts in ensuring fairness and transparency in NGT proceedings.

Case: Veena Gupta & Anr. v. Central Pollution Control Board & Ors.

CIVIL APPEAL No(s). 1865-1866/2022.

Click to read/download Judgment.