In a recent development, the Supreme Court has voiced its dismay over the National Green Tribunal’s (NGT) practice of issuing ex parte orders and imposing penalties without due process. The judgment, penned by Justice PS Narasimha, highlights the concerning trend of unilateral decision-making within the tribunal, which the Court laments has become all too common.
The Court’s judgment underscores the importance of procedural integrity, emphasizing that the NGT must exercise caution to avoid lapses in propriety. The routine issuance of ex parte orders, coupled with hefty penalties amounting to crores of rupees, has been deemed counterproductive in the larger mission of environmental protection.
Furthermore, the Supreme Court notes that many of these orders have faced stays, indicating a lack of confidence in their procedural fairness.
“It is imperative for the Tribunal to reassert its commitment to procedural integrity, ensuring that its actions uphold a delicate balance between justice and due process. Only then can it regain its reputation as a guardian of environmental preservation, where genuine efforts are not swept aside,” the Court remarks.
The Division Bench, comprising Justice Aravind Kumar, echoes the sentiment, emphasizing the crucial role of procedural integrity in maintaining the credibility of environmental protection efforts.
These observations arose during the hearing of two appeals challenging NGT orders. The Court took note of instances where ex parte orders were issued against appellants without adequate opportunity for defense. In one case, a review petition was summarily dismissed without proper consideration, further highlighting the procedural irregularities within the tribunal.
Against this backdrop, the Supreme Court set aside the impugned orders and remanded the matter back to the NGT. It emphasized that the tribunal must ensure a fair hearing for all parties involved and refrain from being swayed by previous conclusions.
In conclusion, the Supreme Court’s stance serves as a call to action for the NGT to uphold the principles of procedural fairness and restore trust in its decision-making processes.
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