1. Appeal against National Green Tribunal directions issued based on expert committee recommendations regarding fly ash management and environmental restoration under the National Green Tribunal Act, 2010. (Para 2 , 3 )
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2023 Supreme(SC) 633
SUPREME COURT OF INDIA
B.V. NAGARATHNA, PRASHANT KUMAR MISHRA, JJ.
Singrauli Super Thermal Power Station – Appellants
VERSUS
Ashwani Kumar Dubey & ORS. RESPONDENT(S)
Civil Appeal No. 3856, 4529, 4525 & 4581 of 2022
Decided On : 05-07-2023
Advocates appeared:
For the Appellant(s) : Mr. Sanjay Jain, Sr. Adv. Mr. Adarsh Tripathi, Adv. Mr. Ajitesh Garg, Adv. Ms. Alka Sinha, Adv. Mr. Anuvrat Sharma, AOR Mr. Ashish Prasad, Adv. Ms. Mukta Dutta, Adv. Mr. Mahfooz Ahsan Nazki, AOR Mr. Pruthvi Dhinoja, Adv. Mr. Ashwani Kumar Dubey, Adv. Mr. Tushar Mehta, Solicitor General Mr. Shailesh Madiyal, AOR Mr. Sudhanshu Prakash, Adv.
For the Respondent(s): Ms. Aishwarya Bhati, A.S.G. Mr. Gurmeet Singh Makker, AOR Dr. Arun Kumar Yadav, Adv. Ms. Deepabali Dutta, Adv. Mr. Divyansh H. Rathi, Adv. Mr. Devashish Bharukha, Adv. Ms. Rukhmini Bobde, Adv. Ms. Manisha Chava, Adv. Ms. Poornima Singh, Adv. Ms. Sthavi Asthana, Adv. Mrs. Swarupama Chaturvedi, AOR Ms. Saumya Kapoor, Adv.
For the Appellant(s) : Mr. Sanjay Jain, Sr. Adv. Mr. Adarsh Tripathi, Adv. Mr. Ajitesh Garg, Adv. Ms. Alka Sinha, Adv. Mr. Anuvrat Sharma, AOR Mr. Ashish Prasad, Adv. Ms. Mukta Dutta, Adv. Mr. Mahfooz Ahsan Nazki, AOR Mr. Pruthvi Dhinoja, Adv. Mr. Ashwani Kumar Dubey, Adv. Mr. Tushar Mehta, Solicitor General Mr. Shailesh Madiyal, AOR Mr. Sudhanshu Prakash, Adv.
For the Respondent(s): Ms. Aishwarya Bhati, A.S.G. Mr. Gurmeet Singh Makker, AOR Dr. Arun Kumar Yadav, Adv. Ms. Deepabali Dutta, Adv. Mr. Divyansh H. Rathi, Adv. Mr. Devashish Bharukha, Adv. Ms. Rukhmini Bobde, Adv. Ms. Manisha Chava, Adv. Ms. Poornima Singh, Adv. Ms. Sthavi Asthana, Adv. Mrs. Swarupama Chaturvedi, AOR Ms. Saumya Kapoor, Adv.
IMPORTANT POINTS
(1) Observance of Principles of Natural Justice by NGT is mandatory.
(2) Recommendations made by an Expert Committee are not binding on NGT – They are only by way of assistance to enable NGT to arrive at a correct decision in the matter.
(3) Data on which an authority is acting must be apprised to party against whom data is to be used.
Headnote:
(A) National Green Tribunal Act, 2010 – Section 19 – Observance of Principles of Natural Justice by NGT – NGT is a judicial body and exercises adjudicatory function – Very nature of an adjudicatory function would carry with it requirement that principles of natural justice are complied with, particularly when there is an adversarial system of hearing of cases before Tribunal or before Courts in India – NGT though is a special adjudicatory body constituted by an Act of Parliament, nevertheless, discharge of its function must be in accordance with law which would also include compliance with principles of natural justice as envisaged in Section 19(1) of Act – Factual information which comes to knowledge of NGT on the basis of report of Committee constituted by it, if to be relied upon by NGT, then same must be disclosed to parties for their response and a reasonable opportunity must be afforded to present their observations or comments on such a report to Tribunal – Recommendations made by an Expert Committee are not binding on NGT – They are only by way of assistance to enable NGT to arrive at a correct decision in the matter. (Paras 11, 15 and 17)
(B) Administrative Law – Official Notice Doctrine – Although an authority can rely upon materials familiar to it in its expert capacity without need formally to introduce them in evidence, nevertheless, parties ought to be informed of materials so noticed and be given an opportunity to explain or rebut them – Data on which an authority is acting must be apprised to party against whom data is to be used as such a party would then have an opportunity not only to refute it but also supplement, explain or give a different perspective to facts upon which authority relies. (Para 16)
Facts of the case:
Appellants(s) herein are aggrieved by order passed by National Green Tribunal, Principal Bench, New Delhi. Being aggrieved by directions issued by the NGT and manner in which original petition has been disposed of, appellants have filed these appeals.
Findings of Court:
Appellant(s) herein are permitted to file their objections, if they are so advised. NGT shall consider the objections, if any, filed to the recommendations and thereafter dispose of applications in accordance with law and after giving a reasonable opportunity to all parties.
Result : Appeals allowed.
Legal Category Hierarchy
- administrative law
- environmental law
Table of Contents
2. Challenge to the NGT order for violating principles of natural justice by failing to provide opportunity to object to expert reports or be heard before issuing directions. (Para 5 , 6 , 7 , 8 )
3. The NGT abdicated its adjudicatory function by blindly accepting expert recommendations without allowing parties to rebut the findings or providing a fair hearing. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 )
4. Adjudicatory functions of a tribunal cannot be delegated to expert committees; principles of natural justice require disclosure of reports and opportunity for rebuttal before relying on them. (Para 11 , 12 , 13 , 15 , 16 )
5. Impugned order set aside and matter remanded to the NGT for reconsideration, allowing appellants to file objections to the expert committee recommendations. (Para 18 , 19 )
6. What is the legal role of expert committees appointed by the National Green Tribunal?
Expert committees are intended to assist the Tribunal in fact-finding and providing technical data. They do not substitute the Tribunal's adjudicatory role, and their recommendations are not binding but serve as assistance for the Tribunal to reach its own decision. (Para 11 , 12 , 13 )
7. Can the National Green Tribunal delegate its core adjudicatory functions to administrative expert committees?
No. Adjudicatory functions, such as awarding compensation or ordering restitution under the NGT Act, are non-delegable. The Tribunal cannot abdicate its jurisdiction by entrusting these core functions to administrative committees. (Para 13 )
8. How must the National Green Tribunal handle expert reports to comply with the principles of natural justice?
The Tribunal must disclose reports in advance to the parties, providing a reasonable opportunity for discussion, rebuttal, and the filing of objections before relying on such materials to issue directions. (Para 15 , 16 , 18 )
9. What is the official notice doctrine in the context of adjudicatory bodies?
It is a principle where an authority may rely on materials familiar to it in its expert capacity, but must inform the parties of such materials to allow them to explain, refute, or supplement the data. (Para 16 )
JUDGMENT
NAGARATHNA J.
Since the grievances ventilated by the appellant(s) in these appeals are common, they have been clubbed and heard together and are disposed of by this common judgment.
2. The appellants(s) herein are aggrieved by the order passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter referred to as “NGT” for the sake of convenience) dated 18.01.2022. By the said order the following directions have been issued against the appellant(s) herein:-
“Directions:
21. In the light of above discussion, it is patent that remedial measures are required in terms of recommendations set out in para 15 above in respect of individual TPPs or other projects as well as general issues applicable to all the TPPs such as timely installation of air pollution control and monitoring devises, timely utilization and disposal of fly ash, scientific designing of fly ash dykes and safety norms, addressing public health issues, steps for restoration of deteriorated environment by bringing down CEPI scores in the entire area, restoration of Rihand Reservoir and other damaged/degraded areas, providing arrangement for public health facilities, including water supply and by coordinated and concerted efforts and high level monitoring. The PP are to be accountable for past violations and are under obligation to remedy the violations and follow the norms for future. The regulators are to enforce the same and higher authorities are to oversee. Accordingly, following direction are issued:
i. We direct constitution of a fly ash management and utilization Mission to be jointly headed by the Secretaries, MoEF & CC, Coal and Power, GoI and Chief Secretaries of UP and MP. The Secretary, MoEF & CC will be the nodal agency for coordination and compliance. The Mission will coordinate and monitor issues relating to handling and disposal of flyash as well as all associated issues in the light of above discussion. It may hold its first meeting within one month to take stock of the situation and to prepare action plan in the light of recommendations of Joint Committees quoted earlier in para 15 above in respect of individual plants as well as road map generally. Thereafter, it may meet atleast once in a month for one year to review the progress. The resolutions of the Mission and quarterly progress may be placed on the website of MoEF&CC for information of the stake holders and inhabitants in the area. The Mission will be free to interact with the concerned Government Departments/ Expert institutions/individuals/other stakeholders. The Mission may in its first meeting require voluntary financial contribution by all the projects in proportion of the financial capacity of the projects out of CSR funds or otherwise. The contribution, alongwith compensation which may be collected may be credited to a separate environment restoration account for restoration of environment and relief to the victims of damage to the environment in such manner as may be found necessary by the Mission. Any victim or aggrieved party will be free to approach the Mission for providing such relief. The Mission may also consider the safeguards laid down in the Notification dated 31.12.2021, particularly for safety audits of sh dykes which should be conducted particularly for structural stability, as far as possible within six months. Advisory issued by the Ministry of Power dated 22.9.2021 will not be enforced being against the spirit of notification dated 31. 12.2021 and obstructing much needed speedy utilisation/disposal of legacy flyash. The Mission may evolve mechanism for interaction with stake holders, including associations of brick kiln owners. Guidelines be also issued for siting, design and engineering standards for the location, disposal, maintenance and regulation of Ash Ponds as breach of a fly ash pond result in great disaster. Public health and risk impact assessment in the areas of operation of TPPs and generators of fly ash may be got conducted. The Missio
