NEW DELHI, Dec 4: The Supreme Court has stated that a tribunal must reach its conclusions by thoroughly examining all relevant facts and circumstances, and cannot rely on an outsourced opinion, thus overturning an order from the National Green Tribunal (NGT).
In a hearing regarding appeals against an April 2021 NGT decision, Justices B R Gavai and K V Viswanathan noted that the tribunal made a “glaring error” by basing its verdict solely on a joint committee’s report.
The bench emphasized, “A tribunal is obligated to arrive at its decision after fully analyzing the facts and circumstances of the case. It cannot rely on an external opinion for its ruling.”
As a result, the Supreme Court annulled the NGT’s decision that had deemed a company in breach of the Environment Protection Act and had imposed penalties.
The Court observed that the NGT initially instructed the state pollution control board to inspect the company’s facility, which provided its findings. Subsequently, the NGT formed a joint committee based on these findings, which led to its ruling.
“Another significant error by the NGT was relying exclusively on the joint committee’s report. The NGT is established under the National Green Tribunal Act of 2010,” the bench stated in its ruling on November 27.
The Supreme Court noted that the company was not included as a party in the proceedings before the NGT or the joint committee, and its request to join the proceedings was denied by the tribunal.
“Additionally, it appears that the joint committee did not notify the appellant or provide an opportunity for a hearing,” the bench remarked.
Importantly, the top court highlighted, “It is evident that the NGT did not adhere to established principles of natural justice in its procedures.”
The tribunal could not have continued with the proceedings without including the company as a party respondent from the outset.
“The approach taken by the NGT clearly suggests a decision against a party without giving them a chance to be heard,” the bench commented.
In quashing the NGT’s order, the bench has remitted the case back to the NGT for a thorough reevaluation. (PTI)
