The Supreme Court’s scrutiny of the NGT reflects its commitment to fairness, due process, and procedural integrity in environmental protection matters.
The Supreme Court of India has sent a clear message to the National Green Tribunal (NGT), stressing the significance of fairness and due process in its legal proceedings. This comes after the Supreme Court reviewed appeals from a Delhi-based business penalized by the NGT for environmental violations. The NGT had taken action without giving the business a chance to present its case. The Supreme Court’s directive underscores the importance of ensuring a fair and equitable approach in environmental matters handled by the NGT.
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The bench, comprising Justices P S Narasimha and Aravind Kumar, criticized the NGT for its “recurrent engagement” in making decisions unilaterally, stating,
“The National Green Tribunal’s recurrent engagement in unilateral decision making, provisioning ex-post facto review hearings and routinely dismissing it has regrettably become a prevailing norm. In its zealous quest for justice, the tribunal must tread carefully to avoid the oversight of propriety.”
This observation underscores the Supreme Court’s concern over the NGT’s approach to justice, which, while well-intentioned, risks compromising the very principles it seeks to uphold.
The Supreme Court’s scrutiny also encompasses the National Green Tribunal’s (NGT) tendency to issue ex-parte orders (a legal decision made without hearing from all parties involved in the case) and impose substantial fines, practices deemed counterproductive to the overarching goal of environmental protection. The justices emphasized the adverse effects of such actions, pointing out that these orders are frequently stayed upon appeal.
“It is imperative for the tribunal to infuse a renewed sense of procedural integrity, ensuring that its actions resonate with a harmonious balance between justice and due process. Only then can it reclaim its standing as a beacon of environmental protection, where well-intentioned endeavors are not simply washed away,”
the bench articulated.
This statement calls for a recalibration of the NGT’s operational ethos, urging a balance between the pursuit of environmental justice and adherence to procedural fairness.
The appeals in question are about two NGT orders from August 31, 2021, and November 26, 2021. These orders held the appellants responsible for environmental damage and asked for compensation without giving them a chance to defend themselves. The Supreme Court noted that the NGT turned down their review requests, highlighting that the appellants weren’t given a fair opportunity to dispute the allegations and present their defense.
In response, the Supreme Court has canceled the NGT’s orders and sent the cases back for review. The court instructed the tribunal to notify all affected parties, hold hearings, and then make new decisions. This guidance aims to guarantee that upcoming proceedings respect the rights of everyone involved.
The bench further clarified,
“We make it clear that this order does not deal with the merits of the matter and the actions of those guilty of statutory and environmental violation will have to be subject to strict scrutiny and legal consequences.”
This statement underscores the Court’s intention not to prejudge the cases but to ensure that the NGT’s processes are fair and transparent.
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