In a recent turn of events, the Supreme Court, on January 4, voiced its dissatisfaction with the National Green Tribunal’s (NGT) disposition in dismissing an application. The concerned application had raised concerns about the filling of a water body or pond, only to be summarily rejected by the NGT without conducting any inquiry, solely relying on certain photographs.
Expressing discontent, the Apex Court emphasized that when a citizen approaches the NGT with a grievance regarding the filling of a water body, a distinctive approach is anticipated. The NGT is not expected to rigorously apply the standards set by the Code of Civil Procedure, 1908.
Justices Abhay S. Oka and Ujjal Bhuyan opined, “It is not supposed to apply the strict yardsticks which are applied by the Code of Civil Procedure, 1908 Court to the pleadings of the parties.” They further criticized the NGT’s summary dismissal of the Original Application without conducting a proper inquiry.
The appellant had submitted photographs along with the application, which the NGT dismissed by claiming that the images did not depict a water body since no water was visible. However, the Supreme Court clarified that if a water body is already filled in, water would not be visible in the photographs.
In light of these circumstances, the Supreme Court asserted that the NGT had neglected its responsibilities and, consequently, remanded the matter to the Tribunal. The Court directed the NGT to conduct a fresh inquiry into the original application.
The Supreme Court made it clear that these observations are confined to the order of remand and should not be construed as the Court’s findings on the matter. The case in question is identified as NABENDU KUMAR BANDYOPADHYAY vs. THE ADDITIONAL CHIEF SECRETARY., Diary No.- 9637 – 2023.
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