The Supreme Court has annulled an order from the National Green Tribunal (NGT), highlighting a significant procedural error and a departure from the principles of natural justice. The apex court’s decision came while deliberating appeals against a 2021 NGT order that found a company guilty of violating environmental laws and imposed penalties based on a joint committee’s findings.
Justices B R Gavai and K V Viswanathan criticized the NGT for over-relying on the external committee’s report without adequate consideration of all relevant facts and circumstances. The justices emphasized, “A tribunal is required to arrive at its decision by fully considering the facts and circumstances of the case before it. It cannot outsource an opinion and base its decision on such an opinion.”
The controversy began when the NGT tasked a joint committee to assess the environmental compliance of the firm’s plant. This committee’s recommendations significantly influenced the NGT’s decision to penalize the firm. However, the Supreme Court observed that the firm was not made a party to the proceedings before the NGT or the joint committee, which constituted a glaring oversight.
The firm’s application for impleadment was also rejected by the tribunal, denying it the opportunity to be heard, which the Supreme Court identified as a fundamental violation of natural justice. “It further appears that even the joint committee appointed by the NGT neither gave any notice to the appellant nor an opportunity was given of being heard,” the bench noted.
Given these findings, the Supreme Court concluded that the NGT’s procedures were not only flawed but also starkly unfair. The bench remarked, “The approach adopted by the NGT clearly smacks of condemning a person unheard.”
