Case Note & Summary
The Supreme Court considered appeals against an order of the National Green Tribunal (NGT) dated 24th October 2013, which had imposed penalties on Dr. I.S. Tomar, the then Mayor of the Municipal Corporation, Bareilly, and the Commissioner of the Corporation for alleged violation of NGT orders dated 28th May 2013 and 18th July 2013. The NGT had directed that no municipal solid waste be dumped at a site in Village Razau Paraspur, Bareilly, and later ordered closure of a waste management plant. The appellants were not parties to the original applications before the NGT. The NGT found that the Mayor and Commissioner had intentionally violated its orders and punished them with civil imprisonment till rising of the court and a fine of Rs. 5 lakhs each, and imposed a fine of Rs. 1 lakh per day on the Municipal Corporation. The Supreme Court held that since the appellant (Mayor) was not a party to the original proceedings, he could not be subjected to penalty under Section 26 of the National Green Tribunal Act, 2010 for violation of those orders. The Court noted that the NGT had not recorded any finding of willful breach by the appellant. Consequently, the appeals were allowed, and the penalties imposed on the appellants were set aside.
Headnote
A) Environmental Law - Penalty for Violation of NGT Orders - Section 26 of the National Green Tribunal Act, 2010 - The appellant, not being a party to the original applications in which the NGT orders were passed, cannot be penalized under Section 26 for alleged violation of those orders. The NGT failed to record any finding of willful breach by the appellant. Held that the penalty of civil imprisonment and fine imposed on the appellant is unsustainable (Paras 12-14).
Issue of Consideration
Whether the appellant, who was not a party to the original proceedings before the NGT, can be subjected to penalty under Section 26 of the National Green Tribunal Act, 2010 for alleged violation of NGT orders.
Final Decision
The Supreme Court allowed the appeals, setting aside the penalties imposed on the appellants by the NGT. The Court held that since the appellant was not a party to the original proceedings, he could not be subjected to penalty under Section 26 of the NGT Act for violation of its orders.
Law Points
- Section 26 of the National Green Tribunal Act
- 2010
- Penalty for violation of NGT orders
- Requirement of willful breach
- Party to proceedings
- Natural justice
