NGT Penalty Quashed: Court Upholds Natural Justice in Environmental Case.
27 November 2024
Civil Appeals >> Civil & Consumer Law | Environment Protection >> Environmental Law
In a recent case of Grasim Industries Limited vs The State of Madhya Pradesh and Another, these appeals challenge orders issued by the National Green Tribunal (NGT), which imposed penalties on the appellants for environmental violations. The appellants were found to have failed to install an online flow meter to monitor emissions and to have produced hazardous by-products harmful to the environment. However, the appeals were allowed on the grounds of procedural errors by the NGT.
The appellants argued that they were not given an opportunity to be heard before the NGT or the Joint Committee appointed to investigate the matter. The NGT's decision was based solely on the Joint Committee’s report, without involving the appellants in the proceedings. The Court found that the NGT’s actions violated natural justice principles, as the appellants were not impleaded as parties to the case, nor were they notified or heard before the adverse report was submitted. Consequently, the Court quashed the NGT's orders, directing the NGT to reconsider the matter while ensuring that the appellants are properly involved in the process.
Environment (Protection) Act, 1986
NATIONAL GREEN TRIBUNAL ACT, 2010