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SUPREME COURT OF INDIA
M.R. Shah, C.T. Ravikumar, JJ.
Yeshwanth Shenoy – Appellant
Versus
The State of Kerala & Ors. – Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 5563 of 2023 (Arising out of impugned final judgment and order dated 17-02-2023 in I.A No. 1 of 2023 passed by the High Court of Kerala at Ernakulam)
Decided On : 24-03-2023
Fact of the Case:
The petitioner sought relief against the High Court's grant of stay on an order passed by NGT, despite dismissal of appeal and review by Supreme Court.Finding of the Court:
The court issued notice returnable on a specific date and permitted additional service upon relevant state authorities.Issues:
Granting of stay by High Court after dismissal of appeal and review by Supreme Court.Ratio Decidendi:
The court emphasized that its previous dismissal should be considered while extending any stay granted earlier.Final Decision:
Notice was issued, returnable on a specific date, and additional service was permitted upon relevant state authorities.ORDER
1. It is pointed out that the order passed by the National Green Tribunal (NGT) dated 27.05.2021 against which the Civil Appeal No.4643/2021 was preferred which came to be dismissed by this Court and though it was pointed out the High Court has granted the stay of the very order against which the appeal and the review have been dismissed by this Court. It is submitted that when it was pointed out to High Court, the High Court has dismissed the impleadment application of the petitioner by observing that there was no suppression by the writ petitioner before the High Court/State Government. It is submitted however that the High Court ought not to have granted the stay of the order dated 27.05.2021 of the NGT against which the appeal was dismissed by this Court.
2. Issue notice, returnable on 17.04.2023.
3. Dasti, in addition, is permitted.
4. In addition, notice upon the State be served through the Office of Advocate General of the State as well as on the Standing Counsel of the State of Kerala.
5. It is reported that the proceedings before the High Court are conducted on day to day basis and the interim order passed by the High Court staying the order passed by the NGT dated 27.05.2021 has been issued which shall be in the teeth of the order passed by this Court dismissing the appeal as well as the review.
6. Therefore, the Registry is directed to communicate these orders to the Registrar General of the High Court to place the present order before the High Court in the pending proceedings which may be taken into consideration by the High Court while hearing the proceedings before it and while extending the stay granted earlier staying the order passed by the NGT dated 27.05.2021 against which the Civil Appeal was preferred before this Court which came to be dismissed and subsequently the review application also came to be dismissed.
Consideration of previous dismissal by higher courts when extending stays or granting further relief.
(1) Tribunals would be subordinate to High Court insofar as territorial jurisdiction of High Court is concerned – Orders passed by Constitutional Courts would be prevailing over orders passed by stat....
Importance of providing notice and opportunity to be heard before passing orders, and the right to file review applications and seek condonation of delay if necessary
The National Green Tribunal must comply with principles of natural justice, ensuring parties have the opportunity to present their case before any adverse decisions are made.
The Head of a Government Department is deemed guilty for non-compliance with NGT orders unless proven otherwise, establishing accountability under the NGT Act.
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