VEENA GUPTA & ANR versus CENTRAL POLLUTION CONTROL BOARD & ORS.

VEENA GUPTA & ANR versus CENTRAL POLLUTION CONTROL BOARD & ORS.

The Supreme Court set aside the National Green Tribunal's orders dated 31.08.2021 and 26.11.2021 because the Tribunal had not issued notice to the affected Project Proponents and had proceeded without giving them an opportunity to be heard; the matter is remanded to the Tribunal to issue notice to all necessary parties, hear them afresh uninfluenced by prior observations, and pass appropriate orders.

Parties
Appellant: Veena Gupta; Appellant: Anr.; Respondent: Central Pollution Control Board & Ors.
Jurisdiction
India
Judgment Date
30 January 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeals allowed; impugned National Green Tribunal orders dated 31.08.2021 and 26.11.2021 set aside and matter remanded to the Tribunal for fresh hearing.
Legal Topics
National Green Tribunal, Ex Parte Order, Suo Motu Proceedings, Review Petition, Opportunity of Hearing, Remand
Environmental Law Administrative Law Procedure Natural Justice National Green Tribunal Ex Parte Order Suo Motu Proceedings Review Petition +2 more

Case Brief

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Parties

Veena Gupta

Appellant

Anr.

Appellant

Central Pollution Control Board & Ors.

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the National Green Tribunal's ex parte suo motu order and dismissal of the review petition without issuing notice and hearing the affected parties was sustainable
  2. 2 Whether affected parties were given a fair opportunity to be heard and principles of natural justice were followed
  3. 3 Whether the matter should be remanded for fresh hearing after issuing notice to affected parties

Ratio Decidendi

The Supreme Court set aside the National Green Tribunal's orders dated 31.08.2021 and 26.11.2021 because the Tribunal had not issued notice to the affected Project Proponents and had proceeded without giving them an opportunity to be heard; the matter is remanded to the Tribunal to issue notice to all necessary parties, hear them afresh uninfluenced by prior observations, and pass appropriate orders.

Court Disposition

Appeals allowed; impugned National Green Tribunal orders dated 31.08.2021 and 26.11.2021 set aside and matter remanded to the Tribunal for fresh hearing.

Orders

  • Impugned orders dated 31.08.2021 and 26.11.2021 are set aside.
  • Matter remanded to the National Green Tribunal to issue notice to all necessary/affected parties, hear them in detail and pass appropriate orders.