Shramjeevi Cooperative Housing Society Ltd. vs Dinesh Joshi & Ors.

Court

Supreme Court of India

Date

22 March 2023

Case No.

Civil Appeal No(s). 5328-5329 of 2016

Result

Allowed

Bench

S. Ravindra Bhat, Dipankar Datta

Citation

[2023] 3 S.C.R. 1069 : 2023 INSC 275

Headnote

National Green Tribunal Act, 2010 –s.19 – Procedure and Powers of Tribunal –Held: NGT though not bound by the Code of Civil Procedure, is nevertheless bound by principles of natural justice – It is a judicial tribunal exclusively tasked with the duty of deciding environmental disputes and causes – In the present case, the NGT had to take into consideration that the nature of its directions meant that all those living or owning land near the Teliya Talab, a man-made lake/reservoir in Mandsaur, who had obtained sanctions from the Nagar Palika Parishad and the Town and Country Planning Department were condemned unheard–Also, the judgments of the courts in favour of the appellant-Society reveal that the 1.4 hectares owned by it for which conversion (from agricultural to non-agricultural use) was sanctioned, was sought to be cancelled on the ground that the land fell within the submergence area – The history of the previous litigation which the NGT was seized with reveals that the land forming part of Khasra No. 1248, owned by the Society was directly in issue in a litigation to which the State was a party, and in which it lost – That decree was affirmed by all the courts –However, NGT chose to ignore this fact–Thus, in C.A. No. 5328-29/2016, the Society’s rights, title, and interest in respect of the land purchased by it for which construction permission was granted and in respect of which the decree was ultimately confirmed by the High Court shall not be disturbed or affected, in any manner –In all other appeals, the NGT shall consider the question of precise boundaries of the talab, after considering the report of a committee in the pending proceedings– Further directions issued–Principles of Natural Justice.

Doctrines/Principles –Principle of finality– Held: Parties are bound by the principle of finality which results in a decree by a competent court, acquiring a final and binding nature, especially where it is confirmed concurrently and upheld by the highest court of the land – Also, subsequent changes in law, cannot divest parties of the benefit derived by them in a litigation that attained finality, through a decree.

Pradeep Kumar Maskara v. State of West Bengal (2015)

2 SCC 653 : [2014] 13 SCR 540; Lekh Raj v. Ranjit Singh (2018) 12 SCC 750 : [2017] 7 SCR 542;

Ibrahimpatnam Taluk Vyavasaya Coolie Sangham v. K. Suresh Reddy (2003) 7 SCC 667 : [2003] Supp 2 SCR

The Judgment of the Court was delivered by S. RAVINDRA BHAT, J. 1. Special leave granted in SLP (C) No. 12945/2018. In all these appeals, all respondents were served and had entered appearance. The original applicant before the National Green Tribunal (hereafter ‘NGT’) too had been served; an affidavit was filed on his behalf. He was however, not represented on the date of hearing. With consent of counsel for the parties, all appeals were heard finally. 2. These appeals, under Section 22 of the National Green Tribunal Act, 2010 (hereafter ‘NGT Act’) and appeals by special leave1, question v

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