Introduction:

The Supreme Court, on January 4, expressed dissatisfaction with the National Green Tribunal’s (NGT) summary dismissal of an application alleging the filling up of a waterbody/pond without conducting a proper inquiry. The appellant had submitted photographs as evidence, but the NGT dismissed the case without due examination. Justices Abhay S. Oka and Ujjal Bhuyan observed that the NGT, when dealing with citizens’ grievances regarding water bodies, should not strictly apply the rules of the Code of Civil Procedure, 1908. The Supreme Court remitted the matter to the NGT, emphasizing the need for a fresh inquiry.

Arguments:

The appellant raised concerns about the filling up of a waterbody and submitted photographs as evidence. The NGT dismissed the application, claiming the photographs didn’t show water, leading to dissatisfaction. The appellant argued that the NGT should adopt a different approach when citizens raise environmental concerns, considering the nature of such disputes. The NGT’s dismissal solely based on photographs without an inquiry was deemed inadequate by the Supreme Court.

Court’s Judgement:

The Supreme Court criticized the NGT’s approach, emphasizing that the tribunal should not strictly apply procedural rules but consider the environmental context. The dismissal without a proper inquiry was deemed a failure of the NGT’s duty. Consequently, the Supreme Court remitted the case to the NGT for a fresh inquiry. The observations made by the court are limited to the order of remand and should not be construed as final findings on the case.