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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Shanti Construction Sambalpur Pvt. Ltd. – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash ngt order (Para 1 , 2) |
| 2. petitioner claims violations of natural justice (Para 3) |
| 3. ngt's jurisdiction challenged by petitioner (Para 4) |
| 4. court reviews maintainability of writ petition (Para 5 , 6 , 7) |
| 5. high court may entertain writ despite alternative remedy (Para 8) |
| 6. ngt's adjudicatory role is non-delegable (Para 9) |
| 7. environmental impact of extraction within ngt's remit (Para 10 , 11) |
| 8. substantial questions raised over environmental matters (Para 12) |
| 9. violation of natural justice in ngt proceedings (Para 13 , 14 , 15) |
| 10. ngt must retain adjudicatory responsibilities (Para 16 , 17) |
| 11. potential conflict of interest in committee composition (Para 18) |
| 12. statutory breaches in mining activity examined (Para 19 , 20) |
| 13. compensation must link to actual environmental harm (Para 21 , 22 , 23) |
| 14. writ petition allowed due to procedural illegality (Para 24) |
| 15. ngt order quashed and parties directed to pursue rights (Para 25 , 26) |
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.
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.
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