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VIVEK KUMAR BIRLA, KSHITIJ SHAILENDRA
Nagar Palika Parishad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Heard Shri Umesh Vats learned counsel for the petitioner, Shri Aditya Shanker, holding brief of Shri Mehul Khare, learned counsel appearing for respondent Nos. 2, 3 and 4 and learned Standing Counsel appearing on behalf of respondent Nos. 1, 5, and 6.
2. The petitioner-Nagar Palika Parishad, Khoda Makanpur, district Ghaziabad has invoked writ jurisdiction of this Court under Article 226 of Constitution of India challenging the order dated 30.7.2024, whereby the Chief Environment Officer, Region-I, Uttar Pradesh Pollution Control Board, T.C.-12th, Vibhuti Khand, Gomti Nagar, Lucknow has asked the petitioner to deposit a sum of Rs. 91,25,000/- (rupees ninety one lac twenty five thousand) as environmental compensation. A consequential recovery citation issued by the Tehsil Authorities on 27.10.2024 has also been challenged. A further direction has been sought commanding the respondents not to proceed with recovery against the petitioner.
3. Brief facts of the case are that the petitioner is a Municipality defined under Section 3 of the Uttar Pradesh Municipalities Act, 1916 and it was handed over a land for establishment of wastage processing and solid waste plant on 21.12.202
The National Green Tribunal retains exclusive jurisdiction to assess environmental compensation, and its orders cannot be stayed by writ jurisdiction.
The court emphasized the importance of adherence to the principles of natural justice and the right to be heard, especially in cases involving civil consequences, and highlighted the violation of the....
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.
(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 ar....
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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