Practice and Procedure – Opportunity of hearing to affected party – National Green Tribunal’s recurrent engagement in unilateral decision making, provisioning ex post facto review hearing and routinely dismissing it – Deprecated. Held: On facts, it is evident that the Tribunal itself noted that notices were not issued to the Project Proponents – The Tribunal, in fact, considered it unnecessary to hear the Project Proponent to verify the facts in issue – The persons who were prejudiced by the order of the Tribunal naturally filed Review Petitions before the Tribunal – Appellant No.2 is one amongst them – 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 – 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 – It appears that the appellants did not have a full opportunity to contest the matter and place all their defenses before the Tribunal – The matter is remanded back to the Tribunal to issue notice to all the affected parties, hear them and pass appropriate orders. [Paras 1, 3, 4, 5, 6]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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