Summary
The Court set aside the NGT’s fly-ash management directions because affected parties had no reasonable opportunity to object to the expert reports on which they rested. Expert committees assist fact-finding but cannot replace the Tribunal’s independent adjudication. The proceedings were remanded from the report stage for objections, a hearing and a fresh decision.
Issues
- Whether the NGT could adopt expert recommendations and issue adverse directions without giving affected parties a reasonable opportunity to object.
- Whether expert committees could substitute for the NGT’s adjudicatory function.
Provisions considered
- Section 19(1), National Green Tribunal Act, 2010Although the Tribunal is not bound by CPC procedure, it must observe natural justice by disclosing material and allowing a meaningful opportunity to respond before relying on it. (¶¶ 5, 11, 14, 15, 16, 18)
Held
- An expert committee’s report assists the NGT but does not bind it. The Tribunal must independently assess the issues and recommendations; its core adjudicatory responsibility cannot be delegated to administrative or expert committees. (¶¶ 11, 12, 13, 15, 17)
- Material obtained through a committee or through the Tribunal’s own expertise must be disclosed in advance if it is to support the decision. Affected parties must receive reasonable opportunity to rebut, explain, supplement or comment on that material. (¶¶ 14, 15, 16)
- The reports were uploaded on 15 January 2022 and adverse directions followed on 18 January without an opportunity for objections or hearing. That breach of natural justice alone required setting aside the order; the Court did not resolve the merits of the environmental allegations or recommendations. (¶¶ 5, 10, 11, 17, 18)
- The matter was remitted from the stage of the expert recommendations. The appellants could file objections, and the NGT was required to consider them and decide the applications according to law after reasonable opportunity to all parties. (¶¶ 18, 19)
Result
Appeals allowed; NGT order set aside for breach of natural justice. Matter remanded from the expert-report stage for objections, hearing and fresh adjudication; pending applications disposed of.