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SUPREME COURT OF INDIA
A.S. Oka, Ujjal Bhuyan, JJ.
Nabendu Kumar Bandyopadhyay – Petitioner
Versus
Additional Chief Secretary – Respondents
C.A. No.86 of 2024
Decided On : 04-01-2024
NATIONAL GREEN TRIBUNAL - WATER BODY PROTECTION - The court emphasized that the National Green Tribunal (NGT) must conduct a proper inquiry when a citizen raises concerns about the filling of a water body, rather than dismissing the application based solely on photographs. The court found that the NGT's summary dismissal without inquiry was improper and remitted the case for a fresh examination in accordance with legal standards.
Fact of the Case:
The appellant filed an Original Application before the NGT, alleging that a water body was being filled in, supported by photographs. The NGT dismissed the application without inquiry, relying solely on the photographs presented.
Finding of the Court:
The court found that the NGT failed to fulfill its duty to conduct an inquiry as required by law, leading to an improper dismissal of the application. The court noted that the NGT should not apply strict procedural standards typical of civil procedure.
Issues: Whether the NGT was correct in dismissing the Original Application without conducting an inquiry into the allegations of filling a water body.
Ratio Decidendi: The court held that the NGT must take a different approach when dealing with environmental concerns and must conduct a proper inquiry rather than dismissing cases based on prima facie findings.
Result: The court set aside the NGT's order and remitted the case for a fresh inquiry, allowing the appeal and restoring the Original Application for reconsideration.
ORDER :
Delay condoned.
1. Original Application was made by the appellant before the National Green Tribunal (for short "the NGT") with a complaint that a water body is sought to be filled in. In support of the said contention, certain photographs were placed on record. By the impugned order, the NGT dismissed the application without holding any inquiry. The NGT has based its findings only on certain photographs. If a water body is already filled in, obviously from the photographs, water cannot be seen.
2. When a citizen approaches the NGT with a grievance that a water body is being filled in, a different approach by the NGT is contemplated. It is not supposed to apply the strict yardsticks which are applied by the Code of Civil Procedure, 1908 Court to the pleadings of the parties. In any case, without holding any inquiry, only by recording a prima facie finding that no case for interference has been made out, the NGT has summarily dismissed the Original Application filed by the appellant. In terms of the earlier order of this Court, some exercise has been carried out by the State Government as can be seen from the affidavit filed by the State. The direction issued by this Court on 5th June, 2023 was to produce the record of rights pertaining to the land in question. Prima facie, we find that the exercise undertaken by the State may not be sufficient to deal with the controversy.
3. As we find that the NGT has not done its duty which it was supposed to do in terms of law, we have no option but to remit the case to the NGT for holding a fresh inquiry in accordance with law on the Original Application filed by the appellant.
4. We make it clear that the observations which we have made in this order are only prima facie observations in support of the order of remand which we are passing and therefore, nothing stated in this order shall be understood to be any findings recorded by this Court.
5. Accordingly, we set aside the impugned order dated 27th May, 2022 and restore the Original Application No.64 of 2022 to the file of the Easter Zone Bench of the National Green Tribunal, Kolkata.
6. We direct the Tribunal to hold an inquiry in accordance with law and to decide the Original Application filed by the appellant afresh.
7. The appeal is allowed on the above terms.
8. All contentions of the parties are left open.
The NGT is required to conduct a thorough inquiry into environmental complaints rather than dismissing them summarily, ensuring adherence to legal standards in environmental protection.
The National Green Tribunal must ensure adherence to principles of natural justice by allowing parties to present their objections and arguments, particularly in matters concerning environmental prot....
The central legal point established is that procedural fairness and adherence to principles of natural justice are essential in administrative proceedings before tribunals like NGT.
The Head of a Government Department is deemed guilty for non-compliance with NGT orders unless proven otherwise, establishing accountability under the NGT Act.
National Green Tribunal cannot pass ex-parte orders without following principles of natural justice.
Consideration of previous dismissal by higher courts when extending stays or granting further relief.
Principles of natural justice must be followed in administrative decisions, granting parties the right to contest allegations, particularly when sanctions affect them materially.
The court emphasized the necessity of exhausting alternative remedies under the National Green Tribunal Act before seeking judicial intervention.
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