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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
I. S. Tomar – Appellant
Versus
Invertis University – Respondent
| Table of Content |
|---|
| 1. nature of appeals and ngt's orders (Para 1 , 2) |
| 2. background of ngt's decisions and violations (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. appellants' arguments on ngt's findings (Para 9 , 10 , 11) |
| 4. court's evaluation of the ngt's action and legal interpretations (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. final ruling and orders (Para 21) |
JUDGMENT :
(ABHAY S. OKA, J.)
1. The issue involved in these appeals is very limited. Whether the appellants can be subjected to a penalty by the National Green Tribunal (for short ‘the NGT’) in exercise of powers under Section 26 of the National Green Tribunal Act, 2010 (for short ‘the NGT Act’) on account of their failure to comply with the orders passed by it. The appellants are Dr. I.S. Tomar, the then Mayor of the Municipal Corporation, Bareilly (in Civil Appeal Nos. 4599-4601 of 2014) the Municipal Corporation, Bareilly and its Commissioner (in Civil Appeal Nos. 5631-5633 of 2024).
2. These appeals arise from the judgment dated 24th October 2013, of the NGT, wherein the NGT, inter alia, found that the Mayor and the Commissioner of the Municipal Corporation, Bareilly, had violated the orders dated 28th May 2013 and 18th July 2013
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....
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 Head of a Government Department is deemed guilty for non-compliance with NGT orders unless proven otherwise, establishing accountability under the NGT Act.
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 NGT cannot delegate its core adjudicatory functions to administrative expert committees and must adjudicate on environmental issues within its jurisdiction.
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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