NGT Cannot Outsource Its Opinion To Committees & Base Its Decision On Such Opinions : Supreme Court
The Supreme Court recently criticised the National Green Tribunal for 'outsourcing' its opinion to a committee and basing its opinion only on the findings of the committee.
"The NGT is a tribunal constituted under the National Green Tribunal Act of 2010. A tribunal is required to arrive at its decision by fully considering the facts and circumstances of the case before it. It cannot outsource an opinion and base its decision on such an opinion," observed the bench comprising Justice BR Gavai and Justice KV Viswanatan.
In this regard, the bench cited the 2022 judgment of the Supreme Court in Kantha Vibhag Yuva Koli Samaj Parivartan Trust and Others v. State of Gujarat and Others which held that NGT's adjudicatory functions cannot be delegated to expert committees.
In this case, the NGT had imposed penalties on M/s Grasim Industries based on the report of a joint committee. However, the company was neither added as a party in the case nor was issued any notice before passing the order.
"The approach adopted by the NGT clearly smacks of condemning a person unheard," the Supreme Court observed.
Setting aside the NGT's order, the Court remitted the matter to the Tribunal for fresh consideration. Before any adverse order is passed, the company should be granted an opportunity of hearing, the Court clarified.
Case : M/s Grasim Industries v. State of Madhya Pradesh
Citation : 2024 LiveLaw (SC) 946
Click here to read the judgment