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B. R. GAVAI, K. V. VISWANATHAN
Benzo Chem Industrial Private Limited – Appellant
Versus
Arvind Manohar Mahajan – Respondent
JUDGMENT
B.R. GAVAI, J.
1. These appeals challenge the orders passed by the National Green Tribunal (NGT) dated 29.08.2022 and 22.11.2022.
2. Vide the first order dated 29.08.2022 penalty is imposed on the appellant for non-compliance with the environment requirement. By the second order dated 22.11.2022, the review application has been rejected.
3. Heard Shri A.N.S. Nadkarni, learned senior counsel for the appellant, Shri Feroze Ahmad, learned counsel for Respondents No.1 to 13 and Shri Mukesh Verma, learned counsel for the Maharashtra Pollution Control Board.
4. Shri Nadkarni, learned senior counsel, submits that the order passed by the learned NGT depicts total nonapplication of mind. It is submitted that though the reports of the Maharashtra Pollution Control Board (MPCB) as well as National Environmental Engineering Research Institute (NEERI) found that there are no non-compliances, the learned NGT records to the contrary. It is further submitted that the methodology of imposing penalty of Rs.25 Crores on the ground that the operative revenue of the appellant ranges from 100 Crores to 500 Crores is totally unknown to the canons of law.
5. This is the third matter today in which we a
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(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....
Principles of natural justice must be followed in administrative decisions, granting parties the right to contest allegations, particularly when sanctions affect them materially.
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