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Supreme Court of India · 11/07/2022

TALLI GRAM PANCHAYAT versus UNION OF INDIA AND OTHERS

[2022] 7 S.C.R. 126 · 2022 INSC 692

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Summary

A gram panchayat appealed to the National Green Tribunal against an environmental clearance for limestone mining granted in January 2017, with an application to condone delay. On 29.01.2018 a single member of the NGT, sitting under a proviso to Rule 3 of the NGT (Practice and Procedure) Rules, 2011 inserted on 01.12.2017, dismissed the condonation application for non-prosecution. That was after the Attorney General had assured the Supreme Court on 11.01.2018 that the proviso would be rectified to conform to Section 4(4)(c) of the NGT Act, and two days before the Court directed that no single member benches be constituted. The NGT later refused to recall the dismissal. The Supreme Court set aside both orders.

Issues

  1. Whether a single member of the National Green Tribunal, constituted under the proviso to Rule 3 of the NGT (Practice and Procedure) Rules, 2011, could validly dismiss an application after the Attorney General had assured the Supreme Court that the proviso would be rectified to conform to Section 4(4)(c) of the NGT Act, 2010.
  2. Whether an order passed by such a single member bench is vitiated for want of jurisdiction so that an application to recall it should have been allowed.

Provisions considered

Held

Result

Appeals allowed; the NGT orders of 16.07.2021 and 29.01.2018 set aside and Appeal No. 36 of 2017 restored to the file of the NGT for fresh disposal, all contentions including limitation left open.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 126.