Case Note & Summary
The Union of India and other defence establishments filed a writ petition before the High Court of Karnataka challenging two orders dated 23.09.2021 and 20.05.2022 passed by the National Green Tribunal (NGT), Southern Zone, Chennai in OA No. 54/2016 (SZ). The NGT had taken suo motu cognizance of a news item published in The Hindu on 08.03.2016 titled 'Lake in heart of Bengaluru city turns graveyard for fish'. The petitioners contended that the NGT passed the impugned orders without affording them an opportunity of hearing, thereby violating the principles of natural justice. The High Court, after hearing the parties, found that the petitioners were not heard before the orders were passed. The court held that the orders were illegal, arbitrary, and contrary to the principles of natural justice. Consequently, the High Court quashed the impugned orders and remanded the matter back to the NGT for fresh consideration, directing the NGT to hear the petitioners before passing any further orders. The court also directed the petitioners to appear before the NGT on a specified date.
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 contrary to the principles of natural justice. The High Court held that such orders are illegal and arbitrary and set them aside, remanding the matter back to the NGT for fresh consideration after hearing the petitioners. (Paras 1-3)
Issue of Consideration
Whether the orders passed by the National Green Tribunal (NGT) against the petitioners without affording them an opportunity of hearing are sustainable in law.
Final Decision
The High Court quashed the impugned orders dated 23.09.2021 and 20.05.2022 passed by the National Green Tribunal, Southern Zone, Chennai in OA No. 54/2016 (SZ) and remanded the matter back to the NGT for fresh consideration after hearing the petitioners. The petitioners were directed to appear before the NGT on 16.12.2024.
Law Points
- Principles of natural justice
- Right to be heard
- Quashing of orders without hearing
- Environmental law
- Pollution control
Case Details
2024 LawText (KAR) (12) 10
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) and direction to hear the petitioners before passing any order.
Filing Reason
The NGT passed orders without hearing the petitioners, violating principles of natural justice.
Previous Decisions
NGT passed orders on 23.09.2021 and 20.05.2022 in OA No. 54/2016 (SZ) based on a news item.
Issues
Whether the NGT orders were passed in violation of natural justice?
Whether the impugned orders are liable to be quashed?
Submissions/Arguments
Petitioners argued that they were not heard before the NGT passed the impugned orders.
Respondents did not oppose the quashing of orders on the ground of natural justice.
Ratio Decidendi
Orders passed without affording an opportunity of hearing are illegal and arbitrary and cannot be sustained. Principles of natural justice require that no order adverse to a party be passed without giving that party a hearing.
Judgment Excerpts
The impugned orders are quashed and set aside.
The matter is remanded back to the National Green Tribunal for fresh consideration.
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, being aggrieved, filed the present writ petition before the High Court of Karnataka.
Acts & Sections
- Constitution of India: Article 226, Article 227
