Introduction:

The Supreme Court recently expressed dissatisfaction with the National Green Tribunal’s (NGT) tendency to issue unilateral ex parte orders and levy significant damages. The judgment, authored by Justice PS Narasimha, criticized this practice as having unfortunately become a prevailing norm. The Court emphasized the need for procedural integrity and balance between justice and due process in the NGT’s environmental safeguarding mission.

Arguments:

The Supreme Court’s observation stemmed from two appeals challenging NGT’s orders where ex parte decisions were made against the appellants in suo motu proceedings, coupled with substantial compensation directives. The Court highlighted that such orders consistently faced stays from the Supreme Court. It underscored the importance of the NGT infusing renewed procedural integrity to avoid overlooking propriety, creating a harmonious balance between justice and due process.

Court’s Judgement:

The Division Bench, comprising Justice Aravind Kumar, emphasized the necessity for procedural integrity to reclaim the NGT’s standing as a beacon of environmental protection. The Court set aside the impugned orders, noting that notices were not issued to project proponents, and appellants lacked a full opportunity to contest. The matter was remanded back to the NGT with instructions to hear the case without influence from prior observations and conclusions.