ORDER :

R. MAHADEVAN, J.

The petitioners have come forward with this writ petition assailing the order dated 23.08.2021 passed by the Principal Bench of the National Green Tribunal, New Delhi, (in short, "the Tribunal") in O.A. No. 125 of 2021.

2. The third respondent herein has filed O.A. No. 125 of 2021 before the Tribunal challenging the orders passed by the Government of Tamil Nadu viz., G.O. (Ms). No. 76 and G.O. (Ms). No. 77, Revenue & Disaster Management Department, Land Disposal Wing [LD1(2)] Department, dated 28.02.2019 and G.O. (Ms). No. 329 dated 02.07.2020 alleging that a water body namely "Pudukulam Kanmoi" has been allotted to certain journalists as house sites. The Tribunal, after hearing the applicant/third respondent therein and the respondents/Government, disposed of the said application, by order dated 23.08.2021, the relevant passage of which is extracted below for ready reference:

"13. In view of the above, no compelling social need has been shown to destroy the water bodies merely on the ground that allotment of housing sites for journalists is required and water body has dried up. On such specious plea, any water body can be allotted for construction, ignoring public trust doctrine and need for protection of such water bodies. Having regard to the ecological significance of water bodies, approach adopted by the State of Tamil Nadu cannot be sustained. The Tribunal, under Section 20 of the NGT Act, has to uphold precautionary and sustainable development principles of Environmental Law by issuing appropriate directions for protection of environment under Section 15 of the said Act. In the course of doing so, the Tribunal can annul a decision of the State as held in Mantri Techzone Pvt Ltd., v. Forward Foundation and others (2019) 18 SCC 494 and The Director General (Road Development) NHAI vs. Aam Aadmi Lok Manch (2020) SCC Online 572. .....

14. Accordingly, we allow this application and direct the State of Tamil Nadu to restore water body known as Pudukulam Kanmoiin Survey Nos. 134/2 and 134/2A1 in Pudukulam Kanmoi of Thallakulam Village, Madurai North Taluk, Madurai District, Tamil Nadu to its original position removing the construction, if any, raised thereon, within one month.

The application is disposed of.

A copy of this order be forwarded to the Chief Secretary, Tamil Nadu and District Magistrate, Madurai by e-mail for compliance."

The aforesaid order of the Tribunal is challenged in this writ petition by the petitioners herein, who are beneficiaries of the orders of allotment issued by the Government of Tamil Nadu.

3.(i) Mr. Ajmal Khan, learned senior counsel appearing for the petitioners would submit that the Tribunal, without hearing the petitioners herein, who are beneficiaries of the allotment of house site, has passed the order dated 23.08.2021 impugned herein, which is in violation of the principles of natural justice. In fact, the petitioners have filed an application to implead themselves as parties to the aforesaid application viz., O.A. No. 125 of 2021, but it was rejected. Therefore, on this ground alone, the learned senior counsel sought to set aside the order impugned in this writ petition.

(ii) Adding further, the learned senior counsel submitted that even in the year 1997, the Government has taken a policy decision and issued G.O. Ms. No.573 Revenue [LD-1(2)] Department dated 18.06.1997 allotting the lands in Old Survey No.134/4 and New Survey No.134/2A1, Thallakulam Village, Madurai measuring an extent of 3.70 acres to 61 members of Madurai Press Club Association. Pursuant to such allotment, the allottees have constructed residential houses and are residing. Subsequently, following the orders of allotment made in the year 1997, representations were made for some more allotment. By considering the said representations, the second respondent, after making an intense study, had written a letter dated 26.12.2006, recommending to make allotment of house sites in the land in Survey No.134/2A1 of Th