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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, MAHESWARA RAO KUNCHEAM
Sri Kumaraswamy Silica Mines, Momidi Village, Chillakur Mandal, SPSR Nellore District – Appellant
Versus
Government of India, represented by its Director, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Aliganj, New Delhi – Respondent
| Table of Content |
|---|
| 1. challenging environmental clearance process. (Para 2 , 3 , 5) |
| 2. maintainability of appeal under ngt act. (Para 13 , 14 , 20) |
| 3. environmental compliance expectations. (Para 19 , 22 , 24) |
| 4. writ jurisdiction versus ngt jurisdiction. (Para 27 , 29 , 34) |
| 5. final order of the tribunal on environmental clearance. (Para 53 , 56 , 86) |
JUDGMENT :
Ravi Nath Tilhari, J.
1. Heard Sri P. Veera Reddy, learned senior counsel assisted by Sri Bargava Sarma, learned counsel for the petitioner, Sri G. Sai Narayana Rao, learned counsel for the respondents 1 and 2, Ms.Anusha, learned Assistant Government Pleader for Mines and Geology for respondents 3 to 6, Sri Ganta Rama Rao, learned senior counsel assisted by Sri Kambampati Ramesh Babu, learned counsel for the 7th respondent.
I. Facts:
(i) Petitioner’s case:
2. The petitioner Sri Kumaraswamy Silica Mines Momidi Village, Chillakur Mandal SPSR Nellore District Andhra Pradesh, represented by its Managing Partner, has filed the present writ petition under Article 226 of the Constitution of India, challenging the order passed by the National Green Tribunal, South Zone (NGTSZ), Chennai, dated 15.11.2021, in Appeal No.19 of 2020 (SZ) (B. Madan
The National Green Tribunal's jurisdiction under Section 16 permits aggrieved parties to challenge environmental clearances to ensure compliance with ecological protection standards.
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.
Requirements of prior Environmental Clearance - It is a trite law that a writ cannot be issued on ground of violation of principles of natural justice if only one conclusion is possible in a given si....
The main legal point established in the judgment is the importance of adhering to environmental regulations, the jurisdiction of the NGT, and the limitation period for challenging environmental clear....
(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....
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....
The court declined to entertain the writ petition invoking the doctrine of forum conveniens, holding that the appropriate forum to consider the challenge to the NGT's orders would be the Gujarat High....
Environmental compensation must adhere to principles of natural justice and proportionality, ensuring that penalties correlate with actual damage and supported by robust evidence.
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