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SANJEEV SACHDEVA, VINAY SARAF
Somesh Agrawal – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. court's jurisdiction under article 226. (Para 1 , 3) |
| 2. challenge to maintainability of writ petition. (Para 4) |
| 3. arbitrary and unlawful interim compensation by ngt. (Para 5) |
| 4. necessity for identifying victims and compensatory amounts. (Para 6 , 7) |
| 5. ngt must consider objections raised by petitioners. (Para 9 , 10) |
| 6. directions for future proceedings. (Para 11) |
ORDER
Saraf, J. -- 1. Instant petition is preferred by petitioners under Article 226 of Constitution of India seeking following reliefs :--
(i) Allow the writ petition and issue a writ in the nature of certiorari quashing the impugned order dated 6.2.2024 passed by NGT in OA 20/24 (CZ)(Annexure -P/11), in theinterest of justice.
(ii) Further be pleased to issue a writ in the nature of certiorari quashing the impugned order dated 12.2.2024 the Ld. Collector (Annexure -P/12)in the interest of justice.
(iii) Further be pleased to issue a writ in the nature of certiorari quashing the impugned order dated 23.2.2024 the Ld. Collector (Annexure -P/ 13) in the interest of justice.
(iv) Issue any other writ, order or direction as this Hon’ble Court deems fit and proper in the interest of justice.
2. Heard Shri Na
The court recognized that procedural unfairness by the National Green Tribunal can justify the maintainability of a writ petition despite statutory alternative remedies existing.
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.
Enterprises engaged in hazardous activities are strictly liable for damages caused, reinforcing the polluter pays principle for environmental harm.
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.
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....
The court applied the doctrine of forum conveniens to decline to entertain the petition, holding that the appropriate forum to consider the challenge raised in the petition would be the Gujarat High ....
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....
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....
State and violators jointly liable for enhanced no-fault compensation in illegal hazardous storage explosions; scales Rs.20L/death, graduated by injury severity; payable immediately, recoverable from....
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