Supreme Court: NGT Wrongly Penalized CETP Narol Without Hearing.
08 April 2025
Civil Appeals >> Civil & Consumer Law
The Supreme Court in Narol Textile Infrastructure & Enviro Management v/s Aditya Singh Chauhan & Another., has allowed an appeal against a National Green Tribunal (NGT) order that directed the Gujarat Pollution Control Board (GPCB) to act on a report concerning effluent discharge by the CETP, Narol, Ahmedabad, operated by the appellant, into the Sabarmati River. The NGT had initiated suo-motu proceedings based on a complaint and, without issuing notice to the appellant, directed the GPCB to investigate and take action. Subsequent reports by the GPCB and the Central Pollution Control Board (CPCB) assessed significant environmental compensation against the appellant. The NGT then directed the GPCB to act on these reports.
The Supreme Court found that the NGT had failed to provide the appellant with an opportunity to respond to the initial complaint or the subsequent reports and the assessed compensation. Citing previous judgments emphasizing the need for adherence to natural justice principles by the NGT, the Court held that the appellant should have been given a chance to rebut the allegations and the findings of the reports. The Court criticized the NGT for effectively delegating its adjudicatory role to the pollution control boards without hearing the affected party.
Consequently, the Supreme Court set aside the NGT's order and restored the original application to the NGT's file. The NGT is now directed to issue notice to the appellant, allow them to file objections to the complaint and all adverse reports, provide a hearing, and then make a decision in accordance with the law. The consequential demand for compensation raised against the appellant has also been quashed. The appellant has been directed to appear before the NGT by April 30, 2025, for the continuation of the proceedings.
Section 22, NATIONAL GREEN TRIBUNAL ACT - 2010
NATIONAL GREEN TRIBUNAL ACT, 2010