Case Note & Summary
The appellant, Sarv Jan Kalyan Sewa Samiti, challenged an order of the National Green Tribunal (NGT) dated 11 February 2019 before the Supreme Court. The background involves a dispute over a proposal for exchange of land with forest land alleged to have been encroached upon. Earlier, on 8 February 2019, the Supreme Court had disposed of a previous civil appeal, noting that the NGT's order dated 5 December 2018 was interlocutory and that any decision by the Ministry of Environment, Forests and Climate Change (MOEF&CC) and the Haryana Forest Department must be in accordance with law. The Supreme Court also observed that since the Original Application (OA) was pending before the NGT, this would not come in the way of the appellant pursuing its remedies in the pending proceedings. However, on 11 February 2019, the NGT, without awaiting a copy of the Supreme Court's order, proceeded to dispose of the OA, stating that the steps in furtherance of the proposal should be expedited and that the OA stood disposed of. The appellant contended that this order shut it out from seeking redress. The Supreme Court found that the NGT had misconstrued its earlier order and had failed to allow the appellant to address its objections. The Court held that the NGT's action was indefensible and set aside the impugned order, restoring OA 124 of 2017 to the NGT for fresh consideration in accordance with the Supreme Court's directions. The appeal was allowed with no costs.
Headnote
A) Environmental Law - Judicial Discipline - Binding Nature of Supreme Court Orders - National Green Tribunal Act, 2010 - The NGT disposed of an OA based on a misinterpretation of the Supreme Court's earlier order, effectively shutting out the appellant from raising objections. The Supreme Court held that the NGT was duty-bound to follow its order and that the impugned order was indefensible. The OA was restored to the NGT for fresh consideration in accordance with the Supreme Court's directions (Paras 4-5).
Issue of Consideration
Whether the National Green Tribunal (NGT) acted in accordance with the Supreme Court's order dated 8 February 2019 when it disposed of the Original Application without considering the appellant's objections.
Final Decision
The Supreme Court allowed the appeal, set aside the NGT's order dated 11 February 2019 in its entirety, and restored OA 124 of 2017 to the file of the NGT for fresh consideration in accordance with the Supreme Court's order dated 8 February 2019. No costs.
Law Points
- Interlocutory orders
- Judicial discipline
- Binding nature of Supreme Court orders
- Restoration of proceedings
- Environmental law
