CIVIL APPEAL NOS.6437-6438 OF 2021
This SLP was preferred against order of the National Green Tribunal on the grounds of serious violations of Principles of Natural Justice. The Petitioner is a mining contractor and National Green Tribunal passed an order imposing heavy penalty and blacklisting the Petitioner without affording the Petitioner a proper opportunity of being heard. The damages against the Petitioner had been assumed on the basis of supposed violation of EC condition, whereas there was no actual violation or loss committed by the Petitioner.
The Impugned order was passed on the basis of a report by the Joint Committee wherein it was recorded that the Petitioner had “not raised any objections to the report”, when in reality the Petitioner was never supplied a copy of the report nor was the Petitioner given an opportunity to present its case and object to the report.
The Hon’ble Supreme Court while hearing the said matter was pleased to accept the contentions of the Petitioner by holding that such an order could not have been passed against the Petitioner without affording them an opportunity of being heard and that there was no reason to dispute the correctness of the statements made on oath in the affidavit by the advocate for the petitioner regarding technical glitch. Accordingly, the Hon’ble Supreme Court vide order dated 20.02.2023 set aside the compensation payable/ penalty levied on the Petitioner and gave the liberty to the Petitioner to challenge the report by the Joint Committee and the order of black-listing.
Please find the link to Download
