ORISSA HIGH COURT
M/S. SHANTI CONSTRUCTION SAMBALPUR PVT. LTD. SAMBALPUR – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
Sanjeeb K Panigrahi, J.
1. In this Writ Petition, the petitioner seeks a direction from this Court to quash the order dated 02.05.2025 passed by the National Green Tribunal, Eastern Zone, Kolkata in O.A. No. 167/2023/EZ, and to restrain the respondents from taking any coercive steps for recovery of environmental compensation pursuant thereto.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) The petitioner is a company incorporated under the Companies Act and is represented through its deponent, claiming residence within the territorial jurisdiction of the Orissa High Court and asserting that the cause of action arose within such jurisdiction.
(ii) East Coast Railway, as Opposite Party No. 8, awarded the petitioner a railway track laying work along with bridge work through Letter of Acceptance dated 01.06.2022 followed by a formal contract agreement dated 25.10.2022.
(iii) An Original Application being O.A. No. 167/2023/EZ was filed before the National Green Tribunal, Eastern Zone Bench, Kolkata by certain persons describing themselves as social workers and local villagers, alleging illegal extraction of minor minerals such as earth and morrum by
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.
Environmental compensation must adhere to principles of natural justice and proportionality, ensuring that penalties correlate with actual damage and supported by robust evidence.
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 National Green Tribunal retains exclusive jurisdiction to assess environmental compensation, and its orders cannot be stayed by writ jurisdiction.
(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's jurisdiction under Section 16 permits aggrieved parties to challenge environmental clearances to ensure compliance with ecological protection standards.
The court emphasized the necessity of adhering to principles of natural justice, ruling that failure to provide a hearing before determining environmental compensation invalidated the original order.
The NGT cannot delegate its core adjudicatory functions to administrative expert committees and must adjudicate on environmental issues within its jurisdiction.
The court recognized that procedural unfairness by the National Green Tribunal can justify the maintainability of a writ petition despite statutory alternative remedies existing.
Principles of natural justice must be followed in administrative decisions, granting parties the right to contest allegations, particularly when sanctions affect them materially.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.