Source: LiveLaw

Introduction

Recently, the Supreme Court voiced its discontent with the National Green Tribunal's practice of passing ex parte orders and imposing damages. The judgment, authored by Justice PS Narasimha, has marked that such unilateral decision-making 'has regrettably become a prevailing norm.'

• The Division Bench, also consisting of Justice Aravind Kumar, underscored the need for procedural integrity highlighting the importance of balancing justice and due process.

What is the Background of SC’s Observations?

• These observations emerged while the Top Court was hearing two appeals challenging the green tribunal's order.
  • In the main order, the Tribunal had passed an ex parte order against the appellants in suo motu proceedings.
    • Further, the payment of compensation was also directed.
  • In the second order, the review petition filed by one of the appellants was dismissed.
  • In review, the appellant had argued that an adverse order was passed without hearing him.
• The Court noted that no notices were issued to the project proponents, and the tribunal did not find it necessary to verify the facts.

What was the Supreme Court’s Opinion on this Issue?

• The SC opined, “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 Court also said that such orders have consistently faced stays from the Supreme Court.
• The SC further observed, “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 endeavors are not simply washed away”.

What is the National Green Tribunal (NGT)?

• It is a specialised body set up under the National Green Tribunal Act, 2010 (NGT Act) for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
• With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
• NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same.
• The NGT has five places of sitting, New Delhi is the principal place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four.