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2024 Supreme(SC) 106

PAMIDIGHANTAM SRI NARASIMHA, ARAVIND KUMAR
Veena Gupta – Appellant
Versus
Central Pollution Control Board – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sanjay Parikh, Sr. Adv. Mr. Ashish Aggarwal, Adv. Ms. Tanya Aggarwal, Adv. Ms. Tatini Basu, AOR Ms. Nitipriya Kar, Adv. Mr. Subodha Pandey, Adv.
For the Respondent(s): Mr. Avneesh Arputham, AOR Mr. Ankit Sharma, Adv. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. Manoj Kumar Sharma, Adv. Mr. Praveen Swarup, AOR Mr. Ameet Singh, Adv. Mr. Devesh Maurya, Adv. Mr. Ravi Kumar, Adv. Ms. Payal Swarup, Adv. Mr. Aman, Adv. Mr. Rajeev Kumar Bansal, AOR Mr. Vidya Sagar, Adv. Mr. Rajesh Sonthalia, Adv. Mrs. Amita Agarwal, Adv. Mr. Shekher Kaushik, Adv.

JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1. These appeals arise out of two orders passed by the National Green Tribunal (“Tribunal” for short). The main order arises out of an ex parte order in suo motu proceedings holding the appellants to be guilty and directing payment of compensation. The second order is the dismissal of the review petition filed by the appellant No.2 alleging that he had not been given an opportunity before an adverse order was passed against him. For the reasons to follow, we set aside the orders and remand the matter back to the Tribunal to issue notice to all the affected parties, hear them and pass appropriate orders.

2. The relevant portion of the order impugned1[Original Application No. 65/2021, dated 31.08.2021] is as under:

    “7. Even though no notice was issued by the Tribunal to the PP in absence of particulars, the Joint Committee has visited the site. Notice has been issued to the PP under the Employees Compensation Act for death of a person. Remedial measures have been suggested for future. The PP has been found to be operating without statutory consents in non conforming area without safety precautions, endangering life and health of others. In these

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