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B. R. GAVAI, K. V. VISWANATHAN
Grasim Industries Limited – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
B.R. GAVAI, J.
CIVIL APPEAL NO(S). 1711-1712/2021
1. These appeals challenge the order dated 07.04.2021 passed by the National Green Tribunal (NGT), vide which the NGT has held that the appellant had committed a violation of the provisions of Environment Protection Act. The Court found that the appellant had failed to install the online flow meter in CS2 stacks to quantify the CS2 emissions. It also found that the acid produced which is a by-product of the process employed by the appellant was hazardous to the environment. The NGT, therefore, on different counts imposed penalty of Rs.75,00,000/- each.
2. We have heard Shri Neeraj Kishan Kaul, learned senior counsel for the appellant and Shri Raghav Sharma, learned counsel appearing for Respondent No.1/State of Madhya Pradesh through Madhya Pradesh Pollution Control Board and Shri Rahul Pratap, learned counsel appearing for Respondent No.2.
3. Though, Shri Neeraj Kishan Kaul, learned Senior Counsel, submits that there is no violation as found by the learned NGT, we find that the present appeals deserve to be allowed on the following short ground.
4. After the NGT entertained the O.A. on the basis of the letter addressed by Respon
The court emphasized that penalties for environmental non-compliance must be based on sound legal principles and supported by evidence, ensuring adherence to natural justice.
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 adhering to principles of natural justice, ruling that failure to provide a hearing before determining environmental compensation invalidated the original order.
(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....
The NGT must adhere to principles of natural justice and cannot abdicate its adjudicatory role to committees; fair hearing is essential in decisions regarding environmental compensations.
The court held that penalties against public officials for violating tribunal orders must be supported by evidence of willful misconduct, and officials without sufficient authority cannot be penalize....
Principles of natural justice must be followed in NGT proceedings, including providing notice to the party likely to be affected before arriving at a prima facie finding and appointing an Amicus Curi....
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.
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