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B. V. NAGARATHNA, PRASANNA B. VARALE
Zon Hotels Pvt. Ltd. – Appellant
Versus
Goa Coastal Zone Management Authority – Respondent
JUDGMENT :
NAGARATHNA, J.
Admit.
2. Being aggrieved by the order dated 14.10.2022 passed by the National Green Tribunal, Western Zone Bench, Pune (“NGT” for the sake of convenience), in Appeal No.19/2022 (WZ), the appellant is before this Court.
3. We have heard learned counsel for the appellant and learned counsel for first respondent and learned counsel for respondent Nos.2 and 3 and we have perused the material on record.
4. The controversy in this appeal is in a very narrow compass. The grievance of the appellant is that pursuant to the direction issued by the High Court in PIL Writ Petition No.2530/2021 dated 19.04.2022, the first respondent herein sought to compute damages vis-a-vis the illegal construction put up by the appellant herein and estimated the damages resulting from the illegal construction put up by the appellant herein in monetary terms. The first respondent herein by order dated 09.05.2022 directed the appellant herein to pay a sum of Rs.2,04,19,560/- (Ruees Two Crores, four lakhs nineteen thousand and five hundred and sixty only) towards environmental compensation.
5. Learned counsel for the appellant submitted that prior to the determination of the environmental co
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.
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 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 court emphasized that penalties for environmental non-compliance must be based on sound legal principles and supported by evidence, ensuring adherence to natural justice.
The National Green Tribunal retains exclusive jurisdiction to assess environmental compensation, and its orders cannot be stayed by writ jurisdiction.
The court affirmed that environmental compensation must be proportionate to project size, asserting that the 'polluter pays' principle justifies significant fines for regulatory violations, despite t....
The court emphasized the principle that it does not have the power to sit as an appellate court over a judgment passed by the NGT and highlighted the significance of the NGT Act, 2010, Section 22.
National Green Tribunal cannot pass ex-parte orders without following principles of natural justice.
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The assessment of damages or compensation for environmental pollution should be based on specific methodology and criteria, and the lack thereof violates principles of natural justice.
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