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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
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).
2.1. By the second order dated 16.09.2022, NGT considered the supplementary report filed by the joint committee on 10.08.2022 and held that compensation of Rs. 18 crores at the rate of 2 percent of annual turnover would be justified. It was directed that the amount may be deposited by the project proponent (appellant) with the District Magistrate, Muzaffarnagar, within one month to be utilized for restoration of the environment.
4. Appellant i.e. M/s. Triveni Engineering and Ind
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.
Point of law : there are no definitions for air pollutant, emission and industrial plant either under the Environment Protection Act, 1986 or under the NGT Act, 2010. Accordingly, the said definition....
Environmental compensation and restoration measures enforceable by tribunal based on expert committee assessments.
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