SARV JAN KALYAN SEWA SAMITI versus UNION OF INDIA & ORS.

SARV JAN KALYAN SEWA SAMITI versus UNION OF INDIA & ORS.

The impugned NGT order effectively prevented the appellant from pursuing its objections, which was contrary to the Supreme Court's directive; such action was indefensible and necessitated restoration of proceedings to allow proper consideration of objections.

Parties
Appellant: Sarv Jan Kalyan Sewa Samiti; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
16 April 2019
Procedural Posture
Civil Appeal / Appeal From National Green Tribunal Order
Outcome
Appeal allowed; impugned NGT order set aside; OA 124 of 2017 restored to NGT.
Legal Topics
Right to Address Objections Before NGT, Forest Land Exchange, Procedure Before NGT
Environmental Law Right to Address Objections Before NGT Forest Land Exchange Procedure Before NGT

Case Brief

Summary, issues, holding and outcome

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Parties

Sarv Jan Kalyan Sewa Samiti

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From National Green Tribunal Order

Legal Issues

  1. 1 Whether the appellant was denied the right to address its objections before the NGT in proceedings relating to exchange of forest land

Ratio Decidendi

The impugned NGT order effectively prevented the appellant from pursuing its objections, which was contrary to the Supreme Court's directive; such action was indefensible and necessitated restoration of proceedings to allow proper consideration of objections.

Court Disposition

Appeal allowed; impugned NGT order set aside; OA 124 of 2017 restored to NGT.

Orders

  • OA 124 of 2017 restored to file of NGT
  • NGT directed to abide by Supreme Court order dated 8 February 2019