New Delhi, Sep 2 The Supreme Court has reiterated that the adjudicatory functions of the National Green Tribunal (NGT) cannot be delegated to committees, even if they are expert bodies.
"The adjudicatory functions of NGT cannot be assigned to committees, even expert committees. The decisions have to be that of NGT,” observed a Bench of Justices Manoj Misra and Ujjal Bhuyan in a recent judgement.
The green tribunal has been constituted as an expert adjudicatory authority under the statute and, therefore, "the discharge of its functions cannot be obviated by tasking committees to carry out a function which vests in the NGT," it added.
The Justice Misra-led Bench was dealing with a plea filed by a sugar manufacturing company based in Uttar Pradesh’s Muzaffarnagar, which had challenged an NGT order imposing an environmental compensation of Rs 18 crore on it.
The green tribunal had based its decision on a detailed inspection report submitted by a joint committee comprising the Central Pollution Control Board (CPCB), Uttar Pradesh Pollution Control Board (UPPCB), and the District Magistrate of Muzaffarnagar.
In its judgement, the apex court said that the NGT had "abdicated its jurisdiction by entrusting judicial function to an administrative expert committee".
While acknowledging the utility of expert bodies, the Justice Misra-led Bench clarified that their role must remain limited to assisting the NGT.
"An expert committee may be able to assist NGT, for instance, by carrying out a fact-finding exercise, but the adjudication has to be by NGT," it said.
Further, it said that the green tribunal, being a judicial body, must strictly adhere to statutory procedures and principles of natural justice while discharging its functions.
"NGT exercises judicial functions. Therefore, it is all the more necessary for the NGT to adhere to a fair procedure which is statutorily laid down, of which principles of natural justice are an inalienable part," the bench observed.
It clarified that the flexibility granted under Section 19(1) of the National Green Tribunal Act, 2010, pertains only to the procedure adopted by the green tribunal and cannot be stretched to overlook mandatory provisions provided under other laws.
"It (NGT) cannot abandon the statutory procedure laid down under Sections 21 and 22 of the Water Act and base its decisions on the recommendation of such an administrative committee. This is not within the remit of NGT," the Supreme Court said.
Ultimately, the Justice Misra-led Bench quashed the impugned decision of the NGT, citing violations of natural justice and procedural lapses, most notably, the petitioner company had not been given an opportunity to respond or participate in the proceedings.
In December last year, a bench of then Justice B.R. Gavai and Justice K.V. Viswanathan stressed that the green body is required to arrive at its decision by fully considering the facts and circumstances of the case and cannot adjudicate solely on the basis of an expert committee report. It had flagged the approach of the NGT in deciding the matter without impleading an affected party and passing its decision on an outsourced opinion of the experts.
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