Back
MANOJ MISRA, UJJAL BHUYAN
Triveni Engineering And Industries Ltd. – Appellant
Versus
State Of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. ngt's orders on environmental violation. (Para 2) |
| 2. background of the appellant and sugar mill operations. (Para 4 , 5) |
| 3. appellant's arguments on violation of natural justice. (Para 6 , 7) |
| 4. court's analysis on procedural violations. (Para 18 , 19) |
| 5. legal principles of natural justice. (Para 20 , 22) |
| 6. court's final ruling and implications. (Para 30 , 31 , 32 , 34) |
JUDGMENT
UJJAL BHUYAN, J.
These two civil appeals filed under Section 22 of the National Green Tribunal Act, 2010 are directed against orders dated 15.02.2022 and 16.09.2022 passed by the National Green Tribunal, Principal Bench, New Delhi (‘NGT’ for short) in Original Application No. 71/2021 (Chandra Shekhar Vs. State of Uttar Pradesh).
2. By the order dated 15.02.2022, NGT held that the project proponent (appellant herein) had violated the environmental norms which included illegal disposal of untreated effluent, dilution at outlet with fresh water to conceal real status, absence of flow meter at boiler/mill house to avoid monitoring, absence of record of oil and grease stored and absence of Effluent Treatment Plant (ETP) logbook. Thereafter, NGT observed that the joint committee needed to assess the
Principles of natural justice must be followed in administrative decisions, granting parties the right to contest allegations, particularly when sanctions affect them materially.
(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 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 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 NGT cannot delegate its core adjudicatory functions to administrative expert committees and must adjudicate on environmental issues within its jurisdiction.
Environmental compliance is fundamental; violations can result in operational revocation and require remediation consistent with the 'Polluter Pays' principle.
The Tribunal emphasized the principle of 'Polluter Pays' for environmental violations and mandated the imposition of compensation while acknowledging improvements made by the industry.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
