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A. V. SESHA SAI, VENKATA JYOTHIRMAI PRATAPA
C Kasturi Bai – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
A.V.SESHA SAI, J. - Heard Sri N. Bharat Babu, learned counsel for the writ petitioner, and Sri V. Surender Reddy, learned standing counsel for the Andhra Pradesh Pollution Control Board, apart from perusing the material available on record.
2. Order of the National Green Tribunal (hereinafter referred to as "NGT"), Southern Zone, Chennai, dtd. 2/3/2022, in Original Application No.115 of 2021 (SZ), and the consequential notice bearing No.718 / APPCB / HO / UH-II / TF / KDP / 2022, dtd. 6/9/2022, issued by the Andhra Pradesh Pollution Control Board (hereinafter referred to as "APPCB"), are under challenge in the present writ petition, instituted under Article 226 of the Constitution of India.
3. The petitioner in the present writ petition is the lessee of Barytes Mine in the State of Andhra Pradesh. The NGT, obviously, exercising the jurisdiction conferred under Sec. 16 of the National Green Tribunal Act, 2010 (for short "the Act, 2010"), took up the issue, vide Original Application No.115 of 2021 (SZ), and passed an order on 2/3/2022, directing the petitioner to pay environmental compensation of Rs.4, 25, 38, 966.00. As a consequence of the said order, the APPCB-5th responde
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 National Green Tribunal retains exclusive jurisdiction to assess environmental compensation, and its orders cannot be stayed by writ jurisdiction.
The Rajasthan State Pollution Control Board lacks authority to impose environmental compensation without legislative backing and established procedures. Judicial pronouncements dictate the need for s....
Violation of principles of natural justice in the imposition of damages for environmental violations.
The Rajasthan State Pollution Control Board cannot impose Environmental Compensation without legislative authority, necessitating subordinate legislation for its calculation and imposition.
(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....
Court confirmed the mandatory requirement of gap analysis for the establishment of new biomedical waste facilities, emphasizing jurisdictional limitations on appellate authority and the importance of....
The National Green Tribunal's jurisdiction under Section 16 permits aggrieved parties to challenge environmental clearances to ensure compliance with ecological protection standards.
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