Tribunals Have To Follow Due Process / Procedure

The tribunals ought to follow due process / procedure while deciding matters and passing ex parte orders without issuing notice to the parties and without hearing them would amount to violation of the principles of natural justice. The Supreme Court while deciding an appeal in the case of VEENA GUPTA & ANR. versus CENTRAL POLLUTION CONTROL BOARD & ORS (CIVIL APPEAL No(s) 1865-1866/2022) against the ex parte orders passed the National Green Tribunal in suo moto proceedings has observed that in a quest for justice, the Tribunal must tread carefully to avoid the oversight of propriety and that the practice of practice of ex parte orders and the imposition of damages amounting to crores of rupees, have proven to be a counterproductive force in the broader mission of environmental safeguarding. NGT had passed ex parte orders in the aforesaid case without issuing notice to the aggrieved parties and had also dismissed their review application. The Supreme Court has remanded the matter back to NGT for deciding it afresh after hearing the parties. The relevant paragraphs of the aforesaid judgment have been reproduced below:

“4. The National Green Tribunal’s recurrent engagement in unilateral decision making, provisioning ex post facto review hearing and routinely dismissing it has regrettably become a prevailing norm. In its zealous quest for justice, the Tribunal must tread carefully to avoid the oversight of propriety. The practice of ex parte orders and the imposition of damages amounting to crores of rupees, have proven to be a counterproductive force in the broader mission of environmental safeguarding.

5. Significantly, these orders have consistently faced stays from this Court, resulting in the unraveling of the commendable efforts put forth by the learned Members, lawyers, and other stakeholders. It is imperative for the Tribunal to infuse a renewed sense of procedural integrity, ensuring that its actions resonate with a harmonious balance between justice and due process. Only then can it reclaim its standing as a beacon of environmental protection, where well-intentioned endeavors are not simply washed away.

6. It appears that the appellants did not have a full opportunity to contest the matter and place all their defenses before the Tribunal. They filed this appeal and by order dated 04.03.2022, this Court stayed the judgment and order passed by the Tribunal. This was inevitable. Two years have passed by and the stay is still operating. We have no other alternative except to set aside the orders dated 31.08.2021 and 26.11.2021 and remand the matter back to the Tribunal. The Tribunal issue notices to all the necessary parties, hear them in detail, and pass appropriate orders. Needless to say that the Tribunal shall hear the case, uninfluenced by the observations and conclusions drawn in the orders dated 31.08.2021 and 26.11.2021.”