Case Note & Summary
The Union of India and two defence establishments filed a writ petition challenging orders dated 23.09.2021 and 20.05.2022 passed by the National Green Tribunal, Southern Zone, Chennai in OA No. 54/2016 (SZ). The NGT had taken suo motu cognizance of a news item regarding fish deaths in a Bengaluru lake. The petitioners contended that the NGT passed the impugned orders without giving them an opportunity of being heard, violating principles of natural justice. The High Court, after hearing the parties, found that the NGT had indeed not afforded a hearing to the petitioners before passing the orders. The court held that the orders were illegal, arbitrary, and contrary to natural justice. Consequently, the High Court quashed the impugned orders and remitted the matter back to the NGT for fresh consideration after providing a reasonable opportunity of hearing to all parties. The court directed the NGT to decide the matter afresh in accordance with law.
Headnote
A) Environmental Law - Natural Justice - Right to be Heard - NGT Orders Quashed - The National Green Tribunal passed orders against the petitioners without hearing them, which is violative of principles of natural justice - Held that any order passed without hearing the affected party is illegal and arbitrary (Paras 1-3).
Issue of Consideration
Whether the orders passed by the National Green Tribunal without affording an opportunity of hearing to the petitioners are sustainable in law.
Final Decision
The High Court allowed the writ petition, quashed the impugned orders dated 23.09.2021 and 20.05.2022, and remitted the matter back to the National Green Tribunal for fresh consideration after affording a reasonable opportunity of hearing to all parties.
Law Points
- Principles of natural justice
- Right to be heard
- Environmental law
- Pollution control
Case Details
2024 LawText (KAR) (11) 18
WP No. 26954 of 2024 (GM-POL)
N.V. Anjaria, Chief Justice, K.V. Aravind, Justice
Sri K. Aravind Kamath, ASGI a/w Sri B. Pramod, CGSC for petitioners; Smt. Niloufer Akbar, AGA for R-1 & 2; Ms. Krishika Vaishnav for Sri A. Mahesh Chowdary for R-3; Sri Kiran B.S. for R-4
Union of India, M/s. Madras Engineering Group and Centre, M/s. Garrison Engineer (North)
Government of Karnataka, Government of Karnataka (Additional Secretary), Karnataka State Pollution Control Board, Central Pollution Control Board
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging orders of the National Green Tribunal.
Remedy Sought
Quashing of NGT orders dated 23.09.2021 and 20.05.2022 in OA No. 54/2016 (SZ).
Filing Reason
The NGT passed orders without hearing the petitioners, violating principles of natural justice.
Previous Decisions
The NGT had passed the impugned orders in a suo motu proceeding based on a news item.
Issues
Whether the NGT orders were passed in violation of principles of natural justice.
Submissions/Arguments
Petitioners argued that they were not heard before the NGT passed the impugned orders.
Respondents did not contest the violation of natural justice.
Ratio Decidendi
Orders passed without affording an opportunity of hearing to the affected party are illegal, arbitrary, and contrary to principles of natural justice.
Judgment Excerpts
The impugned orders were passed without hearing the petitioners, which is violative of principles of natural justice.
Any order passed without hearing the affected party is illegal and arbitrary.
Procedural History
The National Green Tribunal, Southern Zone, Chennai took suo motu cognizance of a news item and passed orders on 23.09.2021 and 20.05.2022 in OA No. 54/2016 (SZ). The petitioners, who were not parties to the proceedings, challenged these orders before the High Court of Karnataka.
Acts & Sections
- Constitution of India: Article 226, Article 227
