NGT Not Supposed To Apply Strict Rigours Of CPC When Citizen Approaches With Grievance : Supreme Court

Discontent with the same, the Apex Court observed that when a citizen approaches the NGT with a grievance that a water body is being filled in, a different approach by the NGT is contemplated. It is not supposed to strictly apply the rigors of the Code of Civil Procedure, 1908.

“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. In any case, without holding any inquiry, only by recording a prima facie finding that no case for interference has been made out, the NGT has summarily dismissed the Original Application filed by the appellant.,” opined Justices Abhay S. Oka and Ujjal Bhuyan.

It may be noted that the appellant had filed certain photographs along with his application. The NGT, in its impugned order, stated that these photographs do not show that it is a waterbody since no water is visible in the photographs.

However, the Top Court asserted in this context, “If a water body is already filled in, obviously from the photographs, water cannot be seen.”

Given these facts and circumstances, the Court opined that the Green Tribunal had not done its duty and, thus, remitted the matter to it. While doing so, the Court also asked the tribunal to conduct a fresh inquiry into the aforestated application.

“As we find that the NGT has not done its duty which it was supposed to do in terms of law, we have no option but to remit the case to the NGT for holding a fresh inquiry in accordance with law on the Original Application filed by the appellant.”

Before parting, the Top Court clarified that these observations are only limited to the order of remand. Thus, the same shall not be understood as the Court's findings.

Case Title: NABENDU KUMAR BANDYOPADHYAY vs. THE ADDITIONAL CHIEF SECRETARY., Diary No.- 9637 - 2023

Citation : 2024 LiveLaw (SC) 29

Click here to download/ read the order